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

Abstract

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 constitutional or rights-based democracies, albeit not necessarily liberal rights-based democracies. At this stage of development, for all of its problems, China is meeting or exceeding expectations on most measures. China outperforms the average country in its income 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.