Exporting Judicial Review from the United States to China

34 Pages Posted: 28 Jan 2007

See all articles by Tahirih V. Lee

Tahirih V. Lee

Florida State University College of Law

Abstract

This article addresses a hot topic in both American and Chinese law, that of whether the American model of judicial review can be exported to China. First I seek to define what the American model of judicial review is. Then I examine the extent to which China employs this kind of judicial review and the likelihood that the American model could be adopted there. Finally, I analyze the question of whether the American model should be adopted in China. I conclude that, while there is some chance that China will adopt some aspects of American-style judicial review, this will probably not happen in the near future. Even if it could, Americans and Chinese alike should pause before advocating such an increase in judicial power in a country whose judiciary is plagued with problems related to corruption and insufficient training and access to law.

Suggested Citation

Lee, Tahirih Victoria, Exporting Judicial Review from the United States to China. Columbia Journal of Asian Law, Vol. 19, p. 152, 2005, FSU College of Law, Public Law Research Paper No. 240, Available at SSRN: https://ssrn.com/abstract=959681

Tahirih Victoria Lee (Contact Author)

Florida State University College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-644-3833 (Phone)
850-644-5487 (Fax)

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