Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore

ISBN-13: 9781107634169 / Angielski / Miękka / 2012 / 368 str.

Jothie Rajah

Opis

Scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Convinced that free markets and rule of law must tip authoritarian societies in a liberal direction, nearly all studies of law and contemporary politics have neglected that improbable coupling: authoritarian rule of law. Through a focus on Singapore, this book presents an analysis of authoritarian legalism. It shows how prosperity, public discourse, and a rigorous observance of legal procedure have enabled a reconfigured rule of law such that liberal form encases illiberal content. Institutions and process at the bedrock of rule of law and liberal democracy become tools to constrain dissent while augmenting discretionary political power even as the national and international legitimacy of the state is secured. With China seeing lessons to be learned in Singapore, as do any number of regimes looking to replicate Singapore's pairing of prosperity and social control, this book offers a valuable and original contribution to understanding the complexities of law, language, and legitimacy in our time."

Recenzje

"Authoritarian Rule of Law spans the period from colonization to the present, using a series of case studies to provide a sweeping as well as detailed and textured portrait of the rule of law in Singapore. Rajah reveals how the state has adeptly utilized narratives about its common law legal tradition, its vulnerable status (as a multi-ethnic city-state with limited natural resources), and its exceptional economic success, to make strong claims to legitimacy based upon the rule of law. This fascinating book exposes a rarely seen side to the rule of law, acknowledging its benefits while also showing its potential for abuse."
- Brian Z. Tamanaha
William Gardiner Hammond Professor of Law, Washington University School of Law

Spis treści

1. Law, illiberalism, and the Singapore case; 2. Law as discourse: theoretical and definitional parameters; 3. Punishing bodies, securing the nation: 1966 Vandalism Act; 4. Policing the press: the Newspaper and Printing Presses Act; 5. Policing lawyers and constraining citizenship: Legal Profession (Am't) Act 1986; 6. Policing religion: Maintenance of Religious Harmony Act; 7. Entrenching illiberalism: the 2009 Public Order Act; 8. Legislation, illiberalism and legitimacy.