By Jothie Rajah
Students have in most cases assumed that authoritarianism and rule of legislations are together incompatible. confident that unfastened markets and rule of legislations needs to tip authoritarian societies in a liberal course, approximately all experiences of legislations and modern politics have overlooked that inconceivable coupling: authoritarian rule of legislations. via a spotlight on Singapore, this ebook provides an research of authoritarian legalism. It exhibits how prosperity, public discourse, and a rigorous observance of criminal technique have enabled a reconfigured rule of legislation such that liberal shape encases intolerant content material. associations and technique on the bedrock of rule of legislations and liberal democracy turn into instruments to constrain dissent whereas augmenting discretionary political energy - while the nationwide and overseas legitimacy of the nation is secured. With China seeing classes to be realized in Singapore, as do any variety of regimes trying to mirror Singapore's pairing of prosperity and social regulate, this booklet deals a worthwhile and unique contribution to figuring out the complexities of legislation, language, and legitimacy in our time.
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Extra info for Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore
V. , 2005 CanLII 2218 ON Sup. Ct. R. (4th) 256. 109 Lee’s address to the IBA was consistent with employing dual state legality to justify the state’s use of legal exceptionalism. 112 The instrumental applications of the state’s accounts of Singapore’s history featuring the tropes of Singapore exceptionalism and Singapore vulnerability are best understood through the dominant account of how Singapore came to be. Singapore tells its history in a particular way, and there is a particular significance to the choice of a launching point for this history.
Asian Discourses of Rule of Law (London: Routledge, 2004) 1 at 5. , Rule by Law: The Politics of Courts in Authoritarian Regimes (New York: Cambridge University Press, 2008). 62 Terence C. Halliday & Lucien Karpik, “Politics Matter: A New Framework for the Comparative and Historical Study of Legal Professions”, in Terence C. , Lawyers and the Rise of Western Political Liberalism (Oxford: Clarendon Press, 1997) 15. 63 Ross Worthington, Governance in Singapore (London: Routledge Curzon, 2003). , Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions (London: Routledge, 1999) [Law, Capitalism and Power]; Silverstein, The Exception That Proves Rules Matter, supra 22 at 98.
B. Hooker, Laws of Southeast Asia (Singapore: Butterworths, 1986). Article 12(3) of the Constitution may appear to enable personal law in the colonial sense, but the case law (discussed later) suggests otherwise. 153 While there is a limited legal pluralism represented by the operation of the Administration of Muslim Law Act154 and the history of even the colonial ruler accommodating some measure of ‘customary law155 within the hegemony of ‘English law’,156 the nation-state has policed ‘law’ in a manner that minimises, to the point of exclusion, a non-‘Western’ ‘law’.