Sida Liu, Ching-Fang Hsu, and Terence C. Halliday. “Law as a Sword, Law as a Shield. Politically Liberal Lawyers and the Rule of Law in China.” China Perspectives, vol. 2019, no. 1 (2019): 65-73.
This article investigates how politically liberal lawyers in China and Hong Kong understand and utilize the concept of the rule of law in their discourse and collective action. Drawing on empirical research, it finds that while the rule of law is frequently invoked as a counter to authoritarianism, its practical application is largely instrumental. In Beijing, where judicial independence is seen as unattainable, activist lawyers use the rule of law to advocate for basic legal freedoms and civil society development. In contrast, lawyers in Hong Kong treat judicial autonomy as a crucial defense against Beijing’s encroachment, relying on the rule of law to protect institutional integrity. The study reveals that in contexts where legal institutions are strong, the rule of law can serve as a shield against authoritarian influence. Where such foundations are weak, however, it functions more symbolically, offering limited resistance. This highlights the strategic and context-dependent role of lawyers in backsliding democracies.