Full Description
A cluster of Asian states are well-known for their authoritarian legality while having been able to achieve remarkable economic growth. Why would an authoritarian regime seek or tolerate a significant degree of legality and how has such type of legality been made possible in Asia? Would a transition towards a liberal, democratic system eventually take place and, if so, what kind of post-transition struggles are likely to be experienced? This book compares the past and current experiences of China, Hong Kong, South Korea, Japan, Taiwan, Singapore, and Vietnam and offers a comparative framework for readers to conduct a theoretical dialogue with the orthodox conception of liberal democracy and the rule of law.
Contents
Introduction: authoritarian legality, the rule of law, and democracy Weitseng Chen and Hualing Fu; Part I. Framework: 1. Authoritarian legality in East Asia: what, why and whither? Jacques deLisle; Part II. Authoritarian Legality: Past and Present: Showcase of authoritarian legality and its potential erosion: China: 2. The concept of authoritarian law: the Chinese case Hualing Fu and Michael Dowdle; 3. Rule of law reform and the rise of rule by fear in China Eva Pils; 4. The foreign NGO law and the closing of China Thomas E. Kellogg: City jurisdictions with colonial common law tradition: Hong Kong and Singapore; 5. Understanding authoritarian legality in Hong Kong: what can Dicey and Rawls tell us? Richard Cullen and David Campbell; 6. The clash of legal cultures: Hong Kong efforts to maintain the liberal rule of law vs. Beijing's hardline authoritarian legality Michael C. Davis; 7. Is Singapore an authoritarian constitutional regime? Kevin Y. L. Tan: Ancient Power with civil law foundation: Japan; 8. From Signal to Legality: Meiji Japan and Authoritarian Constitutionalism Tom Ginsburg; Emerging case: Vietnam: 9. Vietnamese Deliberative Authoritarianism and Legality Do Hai Ha and Pip Nicholson; Part III. Authoritarian Legality in Transition: Authoritarian-era foundations for the transition to democracy; 10. Preserving constitutionalism by changing the constitution: a revisit and defense of the Chng Suan Tze episode Jianlin Chen; 11. Angels are in the details: voting system, poll workers, and election administration integrity in Taiwan Yen-Tu Su; 12. Student activism and authoritarian legality transition in Taiwan Weitseng Chen; Persistence of authoritarian legality after the transition to democracy: 13. Neoliberal turn of state conservatism in Japan: from bureaucratic to corporatist authoritarian legality Koichi Nakano; 14. Authoritarian legality after authoritarianism: legal governance of parties and elections before and after democratic transition in South Korea Erik Mobrand; Index.
