Can a Caged Bird Still Fly? A Comparative Analysis of Judicial Accountability in the People's Reublic of China and New Order Indonesia

38 Pages Posted: 27 Apr 2009 Last revised: 24 Mar 2011

See all articles by Dominic Jerry Nardi

Dominic Jerry Nardi

University of Michigan at Ann Arbor - Department of Political Science

Date Written: April 26, 2009

Abstract

Most single-party states establish mechanisms to ensure that judges remain responsible to the government. This paper proposes a new framework for understanding these accountability mechanisms. When the party-state can redesign the constitutional framework, it may institutionalize political control over judges, thus making judges directly accountable to political elites. If a single-party government must govern under a liberal constitutional framework, political elites might instead try to influence judicial outcomes through the illegal distribution of patronage to judges. This paper seeks to explain both models through case studies in the People’s Republic of China and Suharto’s New Order in Indonesia. In assessing both, it suggests that institutionalized accountability in single-party states may in fact be more likely to promote the rule of law than patrimonialism.

Keywords: China, Indonesia, court, single-party, judicial accountability

Suggested Citation

Nardi, Dominic Jerry, Can a Caged Bird Still Fly? A Comparative Analysis of Judicial Accountability in the People's Reublic of China and New Order Indonesia (April 26, 2009). Available at SSRN: https://ssrn.com/abstract=1395522 or http://dx.doi.org/10.2139/ssrn.1395522

Dominic Jerry Nardi (Contact Author)

University of Michigan at Ann Arbor - Department of Political Science ( email )

Ann Arbor, MI 48109
United States

HOME PAGE: http://lsa.umich.edu/polisci/people/graduatestudents/ci.nardidominic_ci.detail

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