Law and Development of Constitutional Democracy: Is China a Problem Case?

• Author: Randall Peerenboom
• DOI: 10.1177/0002716205281505
• Published date: 01 January 2006
• Date: 01 January 2006
• Subject Matter: Articles

10.1177/0002716205281505THE ANNALS OF THE AMERICAN ACADEMYLAW AND DEVELOPMENT OF CONSTITUTIONAL DEMOCRACY January603

China is frequently portrayed as a problem case for the

law and development movement because it has achieved

economic growth with a weak legal system, has resisted

the third wave of democratization, and has a poor record

on civil and political rights. Is China a problem case? The

author thinks not, or at least that it is too early to tell.

China is now following the path of other East Asian

countries that have achieved sustained economic

growth, established rule of law, and developed constitu-

tional or rights-based democracies, albeit not necessar-

ily liberal rights-based democracies. At this stage of

development, for all of its problems, China is meeting or

exceeding expectations on most measures. China out-

performs the average country in itsincome class in terms

of economic growth, rule of law and most human rights

measures, and other indicators of human well-being

with the notable exception of civil and political rights.

Keywords: law and development; comparative law;

China; human rights; democracy;

constitutionalism; economic growth

China is frequently portrayed as a problem

case for the law and development move-

ment. For some, the problem is that China has

enjoyed remarkable economic growth in the

past several decades, apparently without the

benefit of “the rule of law,” thus challengingthe

prevailing view that a legal system that enforces

property rights is necessary if not sufficient for

sustained economic growth.

For others, the problem is political in nature.

China has resisted the third wave of democrati-

zation and remains officially a socialist state,

192 ANNALS, AAPSS, 603, January 2006

Randall Peerenboom is a professor of law at UCLA Law

School. He often serves as an expert witness on PRC legal

issues and has been a consultant to the Ford Foundation

and the Asian Development Bank on legal reforms and

rule of law in China. He has written more than sixty arti-

cles and authored and edited several books on Chinese

law and philosophy. Recent works include China’s Long

MarchtowardRuleofLaw(Cambridge University

Press, 2002); Asian Discourses of Rule of Law: Theories

and Implementation of Rule of Law in Twelve Asian

Countries, France and the US (ed., RoutledgeCurzon,

2004); and Human Rights in Asia (Peerenboom,

Petersen, and Chen, eds., RoutledgeCurzon, 2006).

Law and

Development

of

Constitutional

Democracy:

Is China a

Problem Case?

By

RANDALL PEERENBOOM

DOI: 10.1177/0002716205281505