CHINA’S DUAL STATE REVIVAL UNDER XI JINPING
CHINA’S DUAL STATE REVIVAL UNDER XI JINPING
Abstract:
Under President Xi Jinping, China has undergone autocratic reclosure. Drawing on Fraenkel’s 1940 analysis of Germany’s then dictatorship as a duality of coexisting normative and prerogative modes of governance established to normalize ‘emergency’ exemptions from legality, this Article argues that this process can be understood as a Dual State revival at a point in time when rule of law corroded in liberal-democratic systems with more robust legal institutions and protections.
Recommended Citation: Eva Pils,China's Dual State Revival Under Xi Jinping, 46 Fordham Int'l L.J. 339 (2023).