In government, authoritarianism denotes any political system that concentrates power in the hands of a leader or a small elite that is not constitutionally responsible to the body of the people. Populist authoritarian leaders often undercut constitutional judiciary, the institutional safeguard to protect the rule of law and individual freedoms, in the name of the will of the people. Book authoritarian rule of law, by jothie rajah yawning. Authoritarian rule of law two common assumptions are made about the rule of law. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. The overarching theme is that authoritarian regimes in many cases actually provide an illiberal form of rule of law for their courts, rather than simply treating them as a facade. Political scientists have created many typologies describing variations of authoritarian forms of government.
It shows how prosperity, public discourse, and a rigorous observance of. Legislation, discourse and legitimacy in singapore. The fusion of rule of law and rule by law under legal hybridity can be observed in the symbiosis of weberian legal rationality dialectic and the dynamic of simultaneous judicial. The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many nonlegal researchers. Erosion and decline of the rule of law in postcommunism. The rule of law is an axiomatic part of the british constitution. Scholars have generally assumed that courts in authoritarian states are. Authoritarian leaders often exercise power arbitrarily and without regard to existing bodies of law, and they usually cannot be replaced by citizens. Authoritarian rule of law cambridge studies in law and. Authoritarian leaders may use covid19 crisis to tighten their grip. Scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Rather, he worded the resolution in absolute terms. The book and other studies demonstrated singapores case of authoritarian legalism, which has successfully made an exception to the general assumption that authoritarianism and rule of law. These detentions and the states discourse at the time demonstrate how, in 1971, the state strategically used the public domain as a performative.
The thesis of the book is essentially that singaporean rule, which has largely meant the imposition of the 525 personal will of prime minister lee upon all arms of state, has consistently relied on rhetoric of rule of law, nation and exceptionalism. His book entitled the authoritative and the authoritarian9 manifests a general. Authoritarian leaders may use covid19 crisis to tighten. Without rule of law assumes that such a time arrives when anarchy is pervasive, and the remnants of humanity are struggling to reestablish civilization. Lee kuan yews 1971 address to the international press institute ipi justifying the detention without trial of the four newspaper executives. If playback doesnt begin shortly, try restarting your device. But, his interpretation of the resolution cannot hold because he didnt. That laughter could mean many things, of course from admiration for the preparedness of a man who was prime minister for thirtyone years, to incredulity at the discursive minimisation of the rule of law from a qualitative ideal to schemas that rank and quantify. Hungarys farright government vilifies finland over rule of law inquiry. Law, illiberalism and the singapore case chapter 1. Pdf without rule of law download full pdf book download. A range of issues are explored in this volume that will help nonspecialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. Using workers narratives, surveys, and case studies of protests, gallagher argues that chinas halfhearted attempt at rule of law construction undermines the stability of authoritarian rule.
Authoritarianism and the rule of law scholarly commons. These detentions and the states discourse at the time demonstrate how, in 1971, the state strategically used the public domain as a performative space, presenting its discursive legitimisations for rule by law. Authoritarian regimes may be either autocratic or oligarchic in nature, and may be based upon the rule of a party or the. Legislation, discourse and legitimacy in singapore scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Authoritarian rule of law by jothie rajah goodreads. Through a focus on singapore, this book presents an analysis of authoritarian legalism.
I begin with these matters, then discuss the three books under. I thought the chapters on singapore silverstein, chile hilbank, egypt moustafa, and and turkey shambayati were particularly insightful and made me look at courts and judges in these regimes differently. Perhaps the most important question to ask is what the book teaches about the likelihood of transition from an authoritarian rule of law to a more liberal one where the legal system promotes individual rights. Policing the press chapter 4 authoritarian rule of law. When addressing the rule of law and democracy nexus, a fundamental distinction has to be drawn between rule by law, whereby law is an instrument of government and government is considered above the law, and rule of law, which implies that everyone in society is bound by the law, including the government. Authoritarianism is a form of government characterized by strong central power and limited political freedoms. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical greek and roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. Videos you watch may be added to the tvs watch history and influence tv. Therefore, to appreciate the new writing on courts in authoritarian regimes, it is important to place it in two contextsprevious thinking about the independence, power, and accountability of courts and judges. But in order to understand the rule of law properly, it is necessary to consider the specific principles for which it stands and, just as importantly, what can and cannot be done in order to uphold those principles. This book opened with a brief account of lee kuan yews exchange with the iba an exchange in which he rehearsed the narratives of exceptionalism, described the duality of the legal system and insisted that singapore was rule of law. However, the book is not meant as a comprehensive survey of illiberal. The democratic limits to authoritarianism in democracy when the state knows better what is good for the people l. The book, however, does not provide support for the claim that the state is legitimate, such as public polls or qualitative accounts of public perceptions.
If pro had said on balance, authoritarianism is unjustified or something to that general effect, then his interpretation of the resolution would hold. 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. On balance, authoritarianism cannot ever be justified. For example, william barr and his attacks on the rule of law and how he is part of this rightwing christian counterrevolution in america. Authoritarian rule of law by jothie rajah, 9781107634169, available at book. Constitutional democracy or how to prevent the rule of the people n. Among others, one of the essential elements of the functional democracy is the. For the left, this isnt about the constitution, the rule of law or authoritarianism. Through a focus on singapore, this book presents an analysis of authoritarian. Out of and into authoritarian law in searchworks catalog.
In 1983 singapores then prime minister, lee kuan yew, said it was a problem for singapore that graduate women were not marrying at the same rate as nongraduate women. Before proceeding to an analysis of the press act, this chapter traces texts and events that operated as a protoenactment of sorts. 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. Convinced that free markets and rule of law must tip authoritarian societies in a. Authoritarianism for me but not for thee david limbaugh.