For the left, this isnt about the constitution, the rule of law or authoritarianism. 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. Cambridge core sociolegal studies authoritarian rule of law by jothie rajah. Through a focus on singapore, this book presents an analysis of authoritarian. If pro had said on balance, authoritarianism is unjustified or something to that general effect, then his interpretation of the resolution would hold. Authoritarianism for me but not for thee david limbaugh. I begin with these matters, then discuss the three books under. 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. Legislation, discourse and legitimacy in singapore. Authoritarian leaders may use covid19 crisis to tighten their grip.
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. His book entitled the authoritative and the authoritarian9 manifests a general. 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. 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. Authoritarian rule law legislation discourse and legitimacy singapore. If playback doesnt begin shortly, try restarting your device. 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. 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. President obama violated the constitution and the rule of law for sport, and liberals didnt care. Hungarys farright government vilifies finland over rule of law inquiry. These detentions and the states discourse at the time demonstrate how, in 1971, the state strategically used the public domain as a performative.
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. Videos you watch may be added to the tvs watch history and influence tv. Out of authoritarianism transitional justice as liberal narrative ruti teitel hungarian criminal court cases concerning the retribution of the 1956 revolution krisztina morvai truth and reconciliation in south africa. Book authoritarian rule of law, by jothie rajah yawning. Through a focus on singapore, this book presents an analysis of authoritarian legalism. Out of and into authoritarian law in searchworks catalog. The rule of law is an axiomatic part of the british constitution.
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. For example, william barr and his attacks on the rule of law and how he is part of this rightwing christian counterrevolution in america. Convinced that free markets and rule of law must tip authoritarian societies in a. 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. Authoritarianism is a form of government characterized by strong central power and limited political freedoms. 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.
Freedom house research, including freedom in the world, has documented the global decline in government accountability, transparency, and rule of law, as authoritarian leaders ignore the most basic elements of due process, misuse the justice system to persecute their critics, and perpetuate impunity for corruption and abuses of power. Before proceeding to an analysis of the press act, this chapter traces texts and events that operated as a protoenactment of sorts. Authoritarian rule of law, rule of law, rule by law, dictatorship, authoritarianism, transition, hybrid regimes, democracy promotion, nationbuilding, statebuilding oxford scholarship online requires a subscription or purchase to access the full text of books within the service. Authoritarian regimes may be either autocratic or oligarchic in nature, and may be based upon the rule of a party or the. 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.
Less legal ties mean, however, that not only judiciary but also other democratic institutions are subverted. Policing the press chapter 4 authoritarian rule of law. Authoritarian rule of law by jothie rajah, 9781107634169, available at book. 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. Authoritarianism and the rule of law scholarly commons. Among others, one of the essential elements of the functional democracy is the. Authoritarian rule of law cambridge studies in law and. Rather, he worded the resolution in absolute terms. 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.
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. Pdf without rule of law download full pdf book download. Lee kuan yews 1971 address to the international press institute ipi justifying the detention without trial of the four newspaper executives. Singaporean legislation as rajah notes, some of the most egregious instances of. 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. However, the book is not meant as a comprehensive survey of illiberal.
Legislation, discourse and legitimacy in singapore scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Authoritarian rule of law by jothie rajah goodreads. Why should a smartwell educated,intelligent chinese leave china and work in the usa or europe. 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. But, his interpretation of the resolution cannot hold because he didnt. It shows how prosperity, public discourse, and a rigorous observance of. The democratic limits to authoritarianism in democracy when the state knows better what is good for the people l.
This theoretically innovative, empirically compelling, and gracefully written book not only speaks eloquently to scholarly audiences. Authoritarian leaders often exercise power arbitrarily and without regard to existing bodies of law, and they usually cannot be replaced by citizens. Erosion and decline of the rule of law in postcommunism. Law, illiberalism and the singapore case chapter 1. 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. 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.
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. Constitutional democracy or how to prevent the rule of the people n. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. 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.