Administrative / Constitutional Law

Authoritarian Rule of Law Legislation, Discourse and Legitimacy in Singapore

By Jothie Rajah
Cambridge University Press July 2012

Specifications

ISBN-13
9781107634169
Publisher
Cambridge University Press
Publication
July 2012
Format
Paperback , 364 pages
Jurisdiction
Singapore ? Countri(es) for reference only

Details

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.

• The first study of how political liberalism can be systematically dismantled such that a nation might be lauded the world over as rule of law even as basic legal freedoms are eroded

• The first close and sustained analysis - spanning 50 years - of the political processes

• The first application of discourse analysis to penetrate deeply into the ideological techniques and effects of authoritarian assaults on liberal institutions of rule of law

Table of Contents

An Insider’s Preface on ‘Rule of Law’ Confusions
xiii
Acknowledgements
xvii
1.      Law, Illiberalism and the Singapore Case
1
Why Singapore Matters
4
Authoritarian Legitimacy
7
Case Studies of ‘Laws’ That Silence
13
From Backwater to Metropolis: Prosperity, ‘Race’ and ‘Law’
20
Disciplining Difference Through ‘Law’
32
‘Rule of Law’: Thick, Thin, Dual and Dicey
37
‘Law’ and the Dual State
42
‘Law’, Political Liberalism and the Moderate State
45
‘Rule by Law’: Practices of Illiberalism
50
2.      Law as Discourse: Theoretical and Definitional Parameters
55
A Foucaultian Toolkit
60
3.      Punishing Bodies, Securing the Nation: 1966 Vandalism Act
65
Politics and Vandalism in 1966
66
The “Aid Vietnam” Campaign
69
Exemplary Punishment and the Vulnerable Nation
74
A Fragmentary Jurisprudence of Vandalism
80
Ang Chin Sang v. Public Prosecutor
86
‘Vandalism’ and Caning in a Post–Cold War World
89
Public Discourse on ‘Vandalism’ in 1994
91
The Importance of Being Serious
98
Joint Trial: Narrative of Police Abuse
100
East versus West: Social Order and Punishment
104
Statist Courts
110
The Panopticon ‘Nation’
113
4.      Policing the Press: Newspaper and Printing Presses Act
117
Significance of the Press Act
119
Staging Legitimacy: The Helsinki Platform
127
Lee the Pastoral Pedagogue
136
Performing Legitimacy Through Select Committees
139
The 1974 Press Act: Governance, Ideology and Investment
142
The Press Act After 1974
144
New Dangers: Foreign Publications
148
The Susceptible Singaporean
152
The Internet and Public Discourse
156
5.      Policing Lawyers, Constraining Citizenship: Legal Profession (Amendment) Act, 1986
161
Lawyers in a Quandary
163
Silenced Lawyers: A Genealogy
165
Disciplining Detainees’ Lawyers
170
Accelerated State Responses
180
Selective Hearing: Interrogation and State Authority
181
The Role of Lee Kuan Yew
183
Associational Activity and Individual Culpability
190
Debate in the Public Domain
197
Neo-Colonialism in the Post-Colonial Leader
202
Modes of Silencing: Detention Without Trial
205
A Lost Moment for the Legal Complex
209
History Repeats Itself: Alarming Continuities, Revealing Differences
212
Lawyers in a Dual State: No ‘Publics’, No ‘Politics’
215
6.      Policing Religion: Maintenance of Religious Harmony Act
219
Linear Chronologies and Recursive Discourse
220
The Authority to Determine Intention
224
The ‘Marxist Conspiracy’: When Hidden Dangers Are Visible Only to the State
226
‘Class’ and Activism in the ‘Marxist Conspiracy’
231
Religion: The New Communism?
234
Restraining Orders: Developing State Knowledge of ‘Religion’
239
Restraining Orders, Restraining Self
241
‘Law’ as Performance
243
Empty Performances? The Presidential Council for Religious Harmony
247
The Law That Has Not Been Used
250
Legislation as Policy and Policing Statement
254
7.      Entrenching Illiberalism: The 2009 Public Order Act
259
Mega-Events
260
Augmenting Public Order
263
8.      Legislation, Illiberalism and Legitimacy
267
Ibahri and the State
268
Law for Development
272
Post-Colonial Ambivalence
275
The Legitimacy of ‘English Law’
277
Constantly Colonised Citizens
278
A Template for ‘Rule by Law’ Legitimacy
280
‘Rule by Law’ and a Tenuous Grasp on Power
284
Governmentality, Legal Exceptionalism and Elections
286
Alliances, Transcendences and Spokespersons for Publics
291
Conclusion
294
Bibliography
299
Index
333

About the Author

Jothie Rajah
American Bar Foundation

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