Wang (2020), “Pre-Empting Court-Civil Society Synergy: How China Balances Judicial Autonomy and Legal Activism”

Yueduan Wang. “Pre-Empting Court-Civil Society Synergy: How China Balances Judicial Autonomy and Legal Activism.” Hong Kong Law Journal, vol. 50 (2020): 1081-1117.

This article examines the evolving stance of Chinese administrations towards judicial autonomy and legal activism over the past two decades. While earlier leadership under Hu Jintao tolerated some legal activism despite limiting court independence, the current administration has intensified judicial reforms to promote judge professionalism but simultaneously suppressed legal activism. This reflects a strategic balancing act by the regime to strengthen its legitimacy and centralize power while preventing legal activism from threatening social and political stability. Lawyers, therefore, navigate a constrained space where judicial independence is selectively expanded but curtailed when activism challenges authoritarian control, illustrating the complex role of attorneys in backsliding democracies.

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