Authoritarian Rule of Law

Авторитарное верховенство права
Jothie Rajah
2012-04-16

Singaporeauthoritarian legalismauthoritarian rule of lawlegal procedureliberal democracy
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. This book offers a valuable and original contribution to understanding the complexities of law, language and legitimacy in our time.
1
Authoritarianism and rule of law can coexist, contrary to the conventional assumption that they are mutually incompatible.
2
Legal institutions and processes can simultaneously strengthen authoritarian governance and secure the state’s domestic and international legitimacy.
3
Liberal legal forms and rule-of-law institutions can encase illiberal substance, using procedural constraints to suppress dissent while expanding discretionary political power.
4
Singapore demonstrates a form of authoritarian legalism in which prosperity, public discourse, and rigorous legal procedures sustain an authoritarian political order.
5
The analysis shows that free markets and formal legality do not necessarily lead authoritarian societies toward liberal democracy.

Authoritarian rule of law in Singapore

How legal institutions, procedures, prosperity, and public discourse reconfigure the rule of law to constrain dissent, expand discretionary political power, and secure state legitimacy

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2012-04-16
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Jothie Rajah
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