Universität zu Köln

Ahl, Bjoern (2019). Judicialization in authoritarian regimes: The expansion of powers of the Chinese Supreme People's Court. ICON-Int. J. Const. Law, 17 (1). S. 252 - 278. OXFORD: OXFORD UNIV PRESS. ISSN 1474-2659

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Abstract

Over the past two decades courts in China have undergone tremendous changes as they developed into more professional and efficient institutions for solving legal disputes. Whereas the literature has described the empowerment of Chinese courts as intrinsically local, we turn to the national level and explore how the development of the Supreme People's Court (SPC) relates to the global phenomenon of a judicialization of authoritarian politics. Drawing on legal documents and secondary literature, the study argues that the SPC has extended its powers gradually and in a non-confrontational manner into the realms of other constitutional actors. The court has expanded its competences primarily through its legislative function and its substantial input into procedural law reforms. As the court serves core interests of the party, the empowerment appears rather instrumentalist and reversible. However, the SPC is in a position to promote its own agenda by indicating deference to core party goals and, in exchange, being granted certain leeway to pursue its institutional interests.

Item Type:	Journal Article
Creators:	Creators Email ORCID ORCID Put Code Ahl, Bjoern UNSPECIFIED UNSPECIFIED UNSPECIFIED
URN:	urn:nbn:de:hbz:38-160494
DOI:	10.1093/icon/moz003
Journal or Publication Title:	ICON-Int. J. Const. Law
Volume:	17
Number:	1
Page Range:	S. 252 - 278
Date:	2019
Publisher:	OXFORD UNIV PRESS
Place of Publication:	OXFORD
ISSN:	1474-2659
Language:	English
Faculty:	Unspecified
Divisions:	Unspecified
Subjects:	no entry
Uncontrolled Keywords:	Keywords Language POLITICS Multiple languages Law Multiple languages
Refereed:	Yes
URI:	http://kups.ub.uni-koeln.de/id/eprint/16049