The Rule of Law is a legal or political term, which refers to the dominance of the law in a system of governance. According to Raz, the rule of law also encompasses the institutions by which a legal system is governed (210). It comprises many principles of a procedural and formal character, addressing the manner in which a society is ruled (Raz 211). Thus, the existence of the rule of law in a country is illustrated by the ability of the nation to reinforce the rule of law and abide by its norms to strengthen the legal system.
In China, judicial independence is at stake. The situation is demonstrated by the actions of individuals like Zhou Qiangwho is the president of the Supreme People’s Court. For example, the article “China’s Top Judge Denounces Judicial Independence” explains that Qiang denied the freedom of judiciary, which the leader viewed to be a pro-western false liberation (Hornby). Furthermore, based on the journal, Chinese courts are subject to political interference, and therefore, are devoid of freedom. This trend is contrary to the norm of the rule of law, which requires judicial independence. Thus, China does not practice the rule of lawhina.
However, the rule of law is a critical tool that spearheads the economic growth of a country. Additionally, the concept embodies and encourages a just society (“Economics and The Rule of Law”).As such, the failure of China to implement the rule of law has negatively impacted the growth of the country’s businesses. For example, economic decisions are subject to political interferences, particularly from interested politicians (Hornby).Additionally, the absence of the rule of law in China further perpetuates injustice. For instance, several lawyers including the famous Jiang Tianyong civil right advocates have gone missing while attempting to air out their grievances(“Economics and The Rule of Law”).
“Economics and The Rule of Law: Order in The Jungle.” The Economist, 2008.
Hornby. “China’s Top Judge Denounces Judicial Independence.” Financial Times, 2017.
Raz, Joseph. The authority of law: essays on law and morality. Oxford University Press on Demand, 2009.
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