By Jothie Rajah
Students have more often than not assumed that authoritarianism and rule of legislation are together incompatible. confident that unfastened markets and rule of legislations needs to tip authoritarian societies in a liberal path, approximately all experiences of legislation and modern politics have overlooked that inconceivable coupling: authoritarian rule of legislation. via a spotlight on Singapore, this ebook offers an research of authoritarian legalism. It indicates how prosperity, public discourse, and a rigorous observance of criminal method have enabled a reconfigured rule of legislation such that liberal shape encases intolerant content material. associations and method on the bedrock of rule of legislations and liberal democracy develop into instruments to constrain dissent whereas augmenting discretionary political energy - while the nationwide and overseas legitimacy of the kingdom is secured. With China seeing classes to be realized in Singapore, as do any variety of regimes seeking to reflect Singapore's pairing of prosperity and social keep watch over, this publication deals a precious and unique contribution to realizing the complexities of legislation, language, and legitimacy in our time.
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Extra resources for Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore
Other instances of this simultaneous claim to inheriting English ‘law’ and building a sound legal system might be seen in Lee, Why Singapore Is What It Is, supra note 7; Chan, supra note 34; and the state’s selfdescription in Singapore’s Initial Report to the UN Committee for the Convention on the Elimination of All Forms of Discrimination Against Women (1999) 21 [CEDAW Report]a state report to the United Nations. html>; Li-ann Thio and Kevin Y. L. , Evolution of a Revolution: 40 Years of the Singapore Constitution (Abingdon: Routledge Cavendish, 2008).
And third, as in the case of the ISA, the state’s accusations need never be scrutinised or substantiated because the state claims to be preventing and pre-Â�empting an emergency. There is, however, an important distinguishing feature that sets the five enactments I study apart from the ISA. The case studies of this project, unlike the ISA, are not obvious ‘rule by law’ instruments encoding the legal exceptionalism through which the state manages extreme threats. The legislative instruments I study conceal their ‘rule by law’ nature.
79 For a sampling see J. B. , The Fajar Generation: The University Socialist Club and 78 Law, Illiberalism and the Singapore Case 17 My excluding the ISA as a case study has, however, been ironically subverted by the insidious persistence of internal security detentions in the sub-strata of events relating to three of the four Acts studied: the Press Act, the Legal Profession Act and the Religious Harmony Act. Additionally, the core illiberalisms displayed by the five Acts might be read as the ISA writ large in three crucial ways.
Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore by Jothie Rajah