Quarantined judicial expansion
The environmental legal entrepreneurship of Chinese courts, procuratorates, and NGOs
Dados Bibliográficos
| ID | 6090441 |
|---|---|
| Autores | Yueduan Wang (0000-0003-2286-2421, School of Government and Institute of Public Governance Peking University Beijing China), Ying Xia (0000-0001-5122-7895, Faculty of Law The University of Hong Kong Hong Kong China) |
| Ano | 2023 |
| Volume | 45 |
| Fascículo | 2 |
| Páginas | 159-180 |
| Data de publicação | 2023-04-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Law & Policy (JOURNAL) |
| Identificadores do periódico | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Editora | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/lapo.12205 |
| OpenAlex | W4320494283 |
| Idioma | EN |
| Citações recebidas | 4 |
| Referências citadas | 46 |
Although judicial empowerment has become increasingly common worldwide, the expansion of judicial powers in authoritarian countries faces persistent obstacles, such as institutional dependence, lack of political clout, and the repression of civil society. Through empirically examining three cases of environmental legal entrepreneurship under China's new public interest litigation (PIL) system, this study aims to reevaluate the patterns and limits of judicial expansion under authoritarianism. It finds that Chinese judges, prosecutors, and NGOs have been able to leverage the PIL system and their respective institutional advantages to substantially expand judicial oversight on eco‐environmental protection. However, the state has established boundaries for such legal entrepreneurship in terms of subject matter, institutional autonomy, and geographic reach, effectively confining them within political spheres considered unthreatening to the regime. Such quarantined judicial expansion shields relevant actors from authoritarian governments' tendency to suppress legal mobilization and thus may be a more viable form of judicial expansion in nondemocratic settings
Authoritarianism · Autonomy · Democracy · Leverage (statistics · Political economy · Political science · Politics · Sociology · Environmental law and policy · International Law and Human Rights · Judicial and Constitutional Studies · Law
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| Obras citantes distintas | 4 |
|---|---|
| Citações por ano | 4 |
| Intervalo de citações | 2025 - 2026 (2) |
| Velocidade de citação | current |
| Altamente citado | Não |
| Tipos de citação | Neutras: 3 |