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Authoritarian Legality in Asia

Authoritarian Legality in Asia
Formation, Development and Transition


Weitseng Chen, Hualing Fu, Jacques deLisle, Michael Dowdle, Eva Pils, Thomas E. Kellogg, Richard Cullen, David Campbell, Michael C. Davis, Kevin Y. L. Tan, Tom Ginsburg, Do Hai Ha, Pip Nicholson, Jianlin Chen, Yen-Tu Su, Koichi Nakano, Erik Mobrand
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  • Publication planned for: April 2020
  • availability: Not yet published - available from April 2020
  • format: Hardback
  • isbn: 9781108496681

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About the Authors
  • 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.

    • Provides a comparative perspective of authoritarian legality to enrich the understanding of legality and liberal rule of law and democracy
    • Introduces an intra-Asia comparison approach that provides a new set of metrics for evaluating legal reforms in authoritarian countries such as China
    • Explores various phases of authoritarian legality development and discusses not only the transition of authoritarian legality but also the post-transition struggles in various countries
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    Product details

    • Publication planned for: April 2020
    • format: Hardback
    • isbn: 9781108496681
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from April 2020
  • Table of 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

  • Editors

    Weitseng Chen, National University of Singapore
    Weitseng Chen is Associate Professor at the National University of Singapore (NUS) Faculty of Law and Deputy Director at the NUS Center for Asian Legal Studies. He specializes in comparative Chinese law within greater China as well as law and development in East Asia. Before joining NUS Faculty of Law, he was Hewlett Fellow of the Center on Democracy, Development and the Rule of Law at Stanford University and also practiced as a corporate lawyer at Davis Polk & Wardwell.

    Hualing Fu, The University of Hong Kong
    Hualing Fu is Professor and holds the Warren Chan Professorship in Human Rights and Responsibilities at The University of Hong Kong, Faculty of Law and Interim Dean of The University of Hong Kong Faculty of Law. He specializes in constitutional law and human rights with a particular focus on the Chinese criminal justice system, Chinese media law and land law. Other areas of research include the constitutional status of Hong Kong and its legal relations with China. He has previously taught at the City University of Hong Kong, University of Washington, New York University and University of Pennsylvania.


    Weitseng Chen, Hualing Fu, Jacques deLisle, Michael Dowdle, Eva Pils, Thomas E. Kellogg, Richard Cullen, David Campbell, Michael C. Davis, Kevin Y. L. Tan, Tom Ginsburg, Do Hai Ha, Pip Nicholson, Jianlin Chen, Yen-Tu Su, Koichi Nakano, Erik Mobrand

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