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2. Corruption in China: Half-way Over the Great Wall
- Author:
- Keith Henderson
- Publication Date:
- 11-2006
- Content Type:
- Working Paper
- Institution:
- Academy of Political Science
- Abstract:
- The legal-judicial transformation taking place behind China's Great Wall outpaces most other developing and transitional countries, but is reaching a critical crossroads. If the pace of judicial reform is maintained and implemented, it has the potential to impact on China and the world's future as much as the economic reforms of the last two decades, if not more so. The judicial system is emerging as a key institution in the reform process, and key decisions related to judicial independence in coming years will largely determine China's stature and place within the global community, and the government's relationship with its citizens. 1 In a relatively short period of time, new criminal, civil and administrative law codes, anti- corruption laws, as well as thousands of judicial, economic and administrative regulations have either been passed, repealed or undergone substantial reform. Property rights and institutional reforms have also been enshrined in the constitution, an important Judges Law professionalising the judiciary has been passed and a number of important treaties have now been ratified. For the first time in modern Chinese history, the courts and legal profession are slowly but surely emerging as important, professional institutions with growing power. The main question of the day is whether China's leaders will now make the structural, judicial and political reforms necessary to address corruption and create an independent judiciary – albeit with Chinese characteristics.
- Topic:
- International Relations, Civil Society, and Democratization
- Political Geography:
- China
3. A Regional Strategy for Promoting a Free Media and Freedom of Expression in the Middle East and North Africa
- Author:
- Keith Henderson
- Publication Date:
- 02-2005
- Content Type:
- Working Paper
- Institution:
- Academy of Political Science
- Abstract:
- The main objective of this paper is to encourage open debate and reform action in the Middle East and North Africa (MENA) region on the need to create the legal and political enabling environment necessary to promote good governance, the Rule of Law and citizen participation. The paper notes that many of the defamation laws in the region still contain criminal penalties, including high fines and imprisonment, and that the threat and enforcement of these laws and policies leads to government censorship, self-censorship and sometimes imprisonment. These practices are now well understood as counter to international obligations and best practices as well as to the guarantees of a free media and free speech enshrined in most MENA Constitutions. The net result of these practices is a culture of secrecy that presents high barriers to sustainable economic and political reform. Collectively, this secrecy effectively muzzles open discussion and critical reform debate and makes the promotion of basic human rights and a good governance reform agenda virtually impossible.
- Topic:
- International Relations and Democratization
- Political Geography:
- Africa, Middle East, and North Africa