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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.
Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.
Authoritarian Legality in Asia by Weitseng Chen,Hualing Fu Pdf
Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.
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.
Tying the Autocrat's Hands provides a comprehensive, empirical evaluation of legal reforms in contemporary China. Based on the author's extensive fieldwork and analyses of original data, the book tells a story in which foreign investors with weak political connections push for judicial empowerment in China, while Chinese investors struggle to hold on to their privileges.
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.
Democracy and the Rule of Law by Adam Przeworski,José María Maravall Pdf
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
This book uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.
Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to organize, influence the public agenda, and demand accountability from the government.
Author : Steven Levitsky,Lucan A. Way Publisher : Cambridge University Press Page : 128 pages File Size : 43,8 Mb Release : 2010-08-16 Category : Political Science ISBN : 9781139491488
Competitive Authoritarianism by Steven Levitsky,Lucan A. Way Pdf
Based on a detailed study of 35 cases in Africa, Asia, Latin America, and post-communist Eurasia, this book explores the fate of competitive authoritarian regimes between 1990 and 2008. It finds that where social, economic, and technocratic ties to the West were extensive, as in Eastern Europe and the Americas, the external cost of abuse led incumbents to cede power rather than crack down, which led to democratization. Where ties to the West were limited, external democratizing pressure was weaker and countries rarely democratized. In these cases, regime outcomes hinged on the character of state and ruling party organizations. Where incumbents possessed developed and cohesive coercive party structures, they could thwart opposition challenges, and competitive authoritarian regimes survived; where incumbents lacked such organizational tools, regimes were unstable but rarely democratized.
Civil Society Activism Under Authoritarian Rule by Francesco Cavatorta Pdf
This volume examines theoretical and comparative perspectives on civil society activism under authoritarian constraints to offer a better understanding of its relationship with regime change. Rejecting a normative approach, the authors focus on the whole range of civic activism under authoritarianism.
A Citizen’s Guide to the Rule of Law by Adis Nicolaidis, Kalypso Merdzanovic Pdf
In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
Transitional Justice and the Rule of Law in New Democracies by A. James McAdams Pdf
This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.
