LawPundit Pages

Monday, February 22, 2016

Jerome A. Cohen of NYU Law School Asks Whether Ideology is Trumping Law in China and Creating a Crisis for China's Legal System

At ForeignPolicy.com, NYU Law School's Jerome A. Cohen writes that there is a A Looming Crisis for China’s Legal System in the offing.

This is a very interesting read because Cohen also summarizes the great advances that the Chinese legal system has made in recent decades.

As Cohen writes:
"Since 1979, despite political changes and sometimes harsh repression, China has witnessed the construction of a comprehensive legal system....

Judicial reform is one of the main challenges now confronting Chinese President Xi Jinping. Despite his emphasis on “rule of law,” Xi wants local courts reliably to submit to the discipline of the central party and judicial officials.
"
Our question of course is whether that is really any markedly different from the political "Party" meddling taking place in the United States as regards the upcoming nomination of a new Justice to the U.S. Supreme Court to fill the seat vacated by the passage of Justice Scalia.