The Principle Of Rule Of Law Essay

The Principle Of Rule Of Law Essay

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1) Contrast Chinas “rule by law” with democratic “rule of law”.
The principle of rule of law is traditionally associated with liberal democratic ideals. It implies a particular relationship between individuals and the state, the essence of which is protection of individual rights by limitations on arbitrary state power. Such limitations are enshrined in the law and in legal institutions. This notion makes no sense in traditional communist ideology: law is a weapon of the state to use in exercising dictatorship. In 1978, however, Chinese leaders began to revive and develop important ideas and institutions of legality that had flourished for a brief period in the 1950s. The new Chinese legality acknowledges rule by law. Briefly this means, there are law and all are equally subject to them. As the second principle is often violated, this may seem a trivial advance. It is not. The ongoing effort to establish rule by law in China has already changed important ways how the Chinese act and think.
Rule by law requires laws. Nearly thirty years after the founding of the PRC, there was no criminal law. In 1978, Chinese leaders appointed committees of legal specialist to pick up work set aside for decades and to drift criminal codes for immediate promulgation. In 1979, the NPC passed the first criminal law and criminal procedure law. Rule by law implies equality before the law. This idea stands in sharp contrast to both the politicized view of law in communist ideology and routine practices in the Maoist years. In 1978, the NPC restored the procuratorates, which had been abolished in the 1960s.
2) Define interest articulation, and provide some examples of interest articulation in different societies.
Interest articulation is one of the f...


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...iods. Usually, the Chinese delegates do not even consider alternative policies.
There are even larger differences between political parties in these two countries. Britain has a competitive party system. The members of the majority party in the House of Commons and the Cabinet are constantly confronted by an opposition party or parties, competing for public support. They look forward to the next election when they may unseat the incumbent majority, as happened in 1997, when the Labour Party replaces the Conservatives in government, and in 2010, when the Labour Party was in turn replaced by a coalition of Conservatives and Liberal Democrats. In China, the Communist Party controls the whole political process. There are no other political parties. The principle decisions are made within the Communist party and the governmental agencies simply implement these policies.

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