The limited function of law in transforming rule of law: A reply to Ruiping Ye

Abstract

Abstract This article is a reply to Ruiping Ye’s article on China’s journey towards socialist rule of law. Ye argues that despite a string of legal reforms, China remains a system of rule by law rather than rule of law. Ye provides two main observations. One is the Communist Party’s instrumental perception of law, and the other is the Communist Party’s need to maintain legal legitimacy. This article agrees with Ye’s two observations, and extends the discussion further to the future of such a rule by law or what other scholars call authoritarian legality. By highlighting an intensely debated issue on whether to further legalize or constitutionalize the Communist Party’s absolute rule, this article questions the gradual and formative function of law in bringing profound change. Particularly noteworthy are the sustainability of legitimacy generated by authoritarian legality and the efficacy of a legal transformation from within.