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Synopsis
The New Dual State examines how authoritarian regimes can institutionalize judicial autonomy without relinquishing ultimate political control. Extending the dual state theory beyond its classical and contemporary formulations, Yueduan Wang argues that the consolidation of autocratic authority can clarify and stabilize the boundary between legal order and arbitrary power, thereby permitting limited judicial independence. Using China as the central case, the book shows how political centralization enabled the regime to insulate judges from local officials, suppress unsanctioned extrajudicial interventions, and channel politically sensitive disputes away from the courts through the repression of legal activism and the expansion of state-led mediation. These measures have produced a system in which courts demonstrate increasing professionalism and autonomy in routine cases, while the regime retains decisive authority over politically salient matters. Grounded in extensive fieldwork and framed by comparative legal theory, the book advances a compelling framework for understanding authoritarian legality.
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About the Author
Yueduan Wang is Assistant Professor at Peking University's School of Government and Institute of Public Governance. He holds a JD and an SJD from Harvard Law School and specializes in comparative constitutional law and judicial politics. He is the author of Experimentalist Constitutions: Subnational Innovations in China, India, and the United States (Harvard, 2024). His research on China's political–legal system and its comparative significance has appeared in leading journals, including the International Journal of Constitutional Law, American Journal of Comparative Law, Regulation & Governance, Law & Social Inquiry, University of Pennsylvania Journal of Constitutional Law, and The China Quarterly.
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Paperback. Condition: new. Paperback. 'The New Dual State' examines how regimes can institutionalize judicial autonomy without relinquishing ultimate political control. Revising the dual state theory beyond its classical and contemporary formulations, the book proposes the framework of symbiotic dualism, which argues that the consolidation of political authority can clarify and stabilize the boundary between legal order and extralegal authority, thereby producing a more autonomous judiciary in routine adjudication. Using China as the central case, the book shows how political centralization enabled the regime to insulate judges from local officials, suppress unsanctioned extrajudicial interventions, and channel politically sensitive disputes away from the courts. These measures have produced a legal order in which courts demonstrate increasing professionalism and autonomy in routine cases, while the regime retains decisive authority over politically salient matters. Grounded in extensive fieldwork and framed by comparative legal theory, the book advances a generalizable framework for understanding legality outside the context of liberal democracies. This book revises the classic dual state theory by showing how authoritarian consolidation can, counterintuitively, foster judicial autonomy. Drawing on extensive fieldwork on Chinese courts and offering substantial comparative analysis, it will engage scholars and readers of comparative law, judicial politics, and authoritarian governance. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9781009661645
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Paperback. Condition: New. 'The New Dual State' examines how regimes can institutionalize judicial autonomy without relinquishing ultimate political control. Revising the dual state theory beyond its classical and contemporary formulations, the book proposes the framework of symbiotic dualism, which argues that the consolidation of political authority can clarify and stabilize the boundary between legal order and extralegal authority, thereby producing a more autonomous judiciary in routine adjudication. Using China as the central case, the book shows how political centralization enabled the regime to insulate judges from local officials, suppress unsanctioned extrajudicial interventions, and channel politically sensitive disputes away from the courts. These measures have produced a legal order in which courts demonstrate increasing professionalism and autonomy in routine cases, while the regime retains decisive authority over politically salient matters. Grounded in extensive fieldwork and framed by comparative legal theory, the book advances a generalizable framework for understanding legality outside the context of liberal democracies. Seller Inventory # LU-9781009661645
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Paperback. Condition: New. 'The New Dual State' examines how regimes can institutionalize judicial autonomy without relinquishing ultimate political control. Revising the dual state theory beyond its classical and contemporary formulations, the book proposes the framework of symbiotic dualism, which argues that the consolidation of political authority can clarify and stabilize the boundary between legal order and extralegal authority, thereby producing a more autonomous judiciary in routine adjudication. Using China as the central case, the book shows how political centralization enabled the regime to insulate judges from local officials, suppress unsanctioned extrajudicial interventions, and channel politically sensitive disputes away from the courts. These measures have produced a legal order in which courts demonstrate increasing professionalism and autonomy in routine cases, while the regime retains decisive authority over politically salient matters. Grounded in extensive fieldwork and framed by comparative legal theory, the book advances a generalizable framework for understanding legality outside the context of liberal democracies. Seller Inventory # LU-9781009661645
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The New Dual State: Judicial Autonomy and Political Control in China
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