After the death of Mao Zedong in 1976, the Chinese Party-State initiated a legal revival that raised many hopes of an eventual transition to rule of law, conceived in terms of a global constitutional model. In recent years, however, the leadership has increasingly rejected the values underpinning rule of law and relied on controlling society through arbitrary measures. Drawing on Fraenkel’s 1940 concept of the Dual State — a duality of coexisting normative and prerogative states, established to normalise ‘emergency’ exemptions from legality – I discuss the global implications of, and outline possible responses to, China’s current prerogative state revival
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.
Call For Papers and Panels