Rule of Law in Singapore Legal Communitarianism, Paternal Democracy and the Developmentalist State
Produktdetaljer
Biografisk notat
Li-ann Thio is Provost Chair Professor at the Faculty of Law, National University of Singapore.This book examines the operation of the rule of law in the non-liberal democracy of Singapore.
The rule of law in Singapore has been both lauded for anchoring efficient and effective government and lambasted for being procedural and statist. 21st-century Singapore has experienced modest political liberalisation, manifesting a paternal democracy where the governor-governed relationship is evolving, from a ‘father knows best’ paternalistic mindset to a more consultative approach to governance, where dialogue rather than diktat is the norm in a post-deferential era.
The Singapore case study helps pluralise the rule of law as a universal principle which moderates power, and may be variously implemented. The book examines the reception of the rule of law within the Singapore legal order, and how it interacts with constitutional principles like the separation of powers and democracy in the design of constitutional institutions and forging of structural and rights-oriented judicial review. It considers how the rule of law, contoured by legal communitarianism, sustains a managed democracy in relation to legislation governing internal security, public assemblies, religious harmony and online falsehoods. It questions whether the chilling of political speech by strict laws on political defamation and contempt of court has been significantly defrosted by important developments which seek ordered liberty through a more calibrated form of review.
Lucid and engaging, this book will be of interest to researchers working in constitutional law.
Introduction: Rule of Law in Singapore – A Provisional Orientation
1. The Reception and Development of the Rule of Law within the Singapore Legal System: From Colony to State
2. Rule of Law, the Constitutional Order and Institutions
3. Rule of Law, Institutions and Structural Judicial Review
4. Rule of Law, Managed Democracy and Civil and Political Rights
5. Judicial Review and the Administrative State
6. Judicial Review and Rights Jurisprudence
7. Conclusion: The Future of the Rule of Law in Singapore
Exploring the meaning of rule of law and how it works in practice in different jurisdictions around the world.
The series makes an original and insightful contribution to the rule of law scholarship by moving past intractable debates over what the rule of law should mean to find out what it actually means and how it works ‘on the ground’, with an implicitly comparative objective as it explores these issues in the context of different legal systems.
The series editors invite any interested future authors to contact them directly for an initial discussion about possible submissions to The Rule of Law in Context series.
Series Editors: Gabrielle Appleby and Lorne Neudorf
Associate Editors: Rosalind Dixon, David Landau, Lawrence McNamara, Arun Thiruvengadam