chapter  9
28 Pages

More law, less courts: Legalized governance, judicialization, and dejudicialization in China


The global trend has been toward the judicialization of social, economic and political issues. Civil law countries, newly established democracies and even authoritarian regimes have now adopted various forms of constitutional review that greatly expand the policy-making capacity of judges.1 In administrative law, there is a heavier emphasis on judicial review, and, in many countries, a transition from soft/procedural to hard/substantive review, which allows judges in effect to substitute their judgment for that of administrative agencies.2