Authoritarian Legality In Asia

Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.

This book represents a pioneering interdisciplinary effort to analyze Asian civil society under authoritarianism, a regime type that is re-appearing or deepening after several decades of increased political liberalization. By organizing its approach into four main themes, this volume succinctly reveals the challenges facing civil society in authoritarian regimes, including: actions under political repression, transitions to democracy, uncivil society, political capture and legal control. It features in-depth analyses of a variety of Asian nations, from ‘hard’ authoritarian regimes, like China, to ‘electoral’ authoritarian regimes, like Cambodia, whilst also addressing countries experiencing democratic regression, such as the Philippines. By highlighting concrete responses and initiatives taken by civil society under authoritarianism, it advances the intellectual mandate of redefining Asia as a dynamic and interconnected formation and, moreover, as a space for the production of new theoretical insight. Contributing to our understanding of the tensions, dynamics, and potentialities that animate state-society relations in authoritarian regimes, this will be essential reading for students and scholars of civil society, authoritarianism, and Asian politics more generally.

Wang shows how the law in China is conceptually reconfigured and instrumentally employed to shore up an illiberal authoritarian regime.

Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.

This book examines Chinese workers' experiences and shows how disenchantment with the legal system drives workers from the courtroom to the streets.

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.

This study argues that the liberal notion of the rule of law regulating the exercise of power is unlikely to come about in much of southeastern Asia. The book asserts that it is more likely to promote political elites.

What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.