BOOK COVER -- HALF-TITLE -- TITLE -- COPYRIGHT -- CONTENTS -- NOTES ON CONTRIBUTORS -- PREFACE -- 1 VARIETIES OF RULE OF LAW -- In search of a conceptual framework for rule of law: the many meanings, uses and abuses of rule of law -- Thin and thick conceptions of rule of law -- A point of clarification: the relationship between thin and thick theories -- The advantages and disadvantages of thin and thick theories -- The limits of this conceptual framework and rule of law -- The construction, de(con)struction and reconstruction of rule of law and rule of law discourse -- Vietnam: toward rule of law? -- ons of rule of law in China, Malaysia, Singapore and Hong Kong ... -- aiwan, Thailand, Indonesia and India ... -- Mature democracies and legal systems: rule of law in Japan, France and the U.S. -- Critiques and defenses of rule of law: saving rule of law by clipping its wings -- The success and failure of rule of law: transplants, homegrown varieties and hybrids -- Conclusion and roadmap -- Notes -- 2 RULE OF LAW IN THE UNITED STATES -- Liberal theory -- Four themes of liberty -- Political liberty (democracy) and private liberty (individual rights) conflict -- Liberalism and moral pluralism -- Liberalism and capitalism -- Arguments over the decline of the rule of law in the U.S. -- Hayek's account of the rule of law and its decline -- Critical left opposition to liberalism -- Unger on the breakdown of the rule of law -- The debate over indeterminacy -- Two theoretical versions of the rule of law -- Formal versions of the rule of law -- Substantive version of the rule of law -- Conclusion -- Notes -- 3 RULE OF LAW IN FRANCE -- Introduction -- The long evolutionary process toward rule of law -- The unsuccessful quest for constitutional stability -- The triumph of parliamentary sovereignty.

The emergence of the Etat de droit under the constitution of the Fifth Republic -- Constitutional review of legislation as a decisive step toward the Etat de droit -- The limited scope of constitutional review of legislation -- Rule of law on the verge of a European constitution -- Notes -- 4 COMPETING CONCEPTIONS OF RULE OF LAW IN CHINA -- Historical and institutional overview -- Four ideal types: Statist Socialist, Neo-authoritarian, Socialist, Neo-authoritarian, Communitarian, Liberal Democratic -- The economic regime -- The political order -- Perspective on rights -- Purposes of rule of law -- Institutions and practices -- Rules -- Outcomes in specific cases -- Conclusion -- Notes -- 5 CONCEPTS OF LAW IN VIETNAM -- Introduction -- Institutional overview -- Mapping statist socialist "rule of law" discourse in Vietnam -- Pre-doi moi period -- Importing nha nuoc phap quyen (law-based state) -- Current directions in statist socialist rule of law -- Separating party and state -- Class-based theory -- Searching for moral legitimacy -- Party control over state organs -- External challenges to party paramountcy -- Democratic processes -- Democratic representation -- Civil rights -- The impact of democratic liberalism -- Transplanting market laws -- Receiving market laws -- The party elite -- Elite-level technocrats -- Middle-level bureaucrats -- Entrepreneurial responses to commercial laws -- The impact of democratic liberalism on market regulation -- Implementing law -- Democratic liberal rule of law and judicial change -- Conceptualizing legal thought in Vietnam -- Postulating a future for rule of law discourse -- Notes -- 6 RULE OF LAW WITHIN A NON-LIBERAL 'COMMUNITARIAN' DEMOCRACY -- Introduction: statist and liberal models of the rule of law -- Singapore legal history and institutional framework.

Legal history: reception of the common law and subsequent (in)fusion of influences -- Constitutional history -- Constitutional framework -- Legislature and executive -- The judiciary -- Economics and politico-legal culture -- The rule of law as instrumental to economic growth and development -- The 'economics first' argument and economic legitimacy -- Guarding against corruption -- Politico-legal culture, moral and political legitimacy and the rule of law -- Political legitimacy -- Moral legitimacy: the junzi and the scallywag -- Constructing a national ideology and the valorisation of pragmatic Confucianism -- 'Shared values' and styles of governance: hierarchy, paternalism and deference -- 'Shared values', government policy and the primacy of community interests -- Localising judicial review: 'communitarian values' and the rule of law -- Consciousness of rights and law? -- The role of the rule of law and institutional developments -- Managing parliamentary democracy in Singapore -- Creating a quasi-opposition -- C) and gerrymandering ... -- Me and my shadow: the lifting of the Whip -- The elected presidency as a mechanism of control -- Ousting judicial review: the move towards non-legal or bureaucratic control -- MRHA and restraining orders -- ISA and preventive detention orders -- Chng Suan Tze, the truncation of judicial review, and 'freezing' the common law -- Conclusion -- Notes -- 7 COMPETING CONCEPTIONS OF RULE OF LAW IN MALAYSIA -- Introduction -- From Malaya to Malaysia -- Key features of the political and legal system -- The Federal Parliament -- Prime Minister and Cabinet -- The Yang di-Pertuan Agong and the rulers -- The judiciary -- Election system -- A spectrum of factors -- Rule of law -- Emergency powers -- Constitutional amendments -- Fundamental liberties -- Judicial independence -- The rule of law in Malaysia-a summation -- Notes.

8 DEBATING RULE OF LAW IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION, 1997-2002 -- Introduction -- Historical, political and economic contexts -- A government of laws? The right of abode saga -- Cheung Lai Wah and others v. Director of Immigration -- Chan Kam Nga -- National People's Congress v. Hong Kong Court of Final Appeal -- The rule of law and human rights: freedom of religion and freedom of the press -- Freedom of religion: Falun Gong -- Freedom of the press -- A note on Article 23 and the rule of law -- Equality before the law: the discretion not to prosecute -- The political elite: the Sally Aw case -- Family ties -- Senior government officials -- Confusing signals -- The controversy surrounding the Public Order Ordinance -- Arrest of student leaders in 2000 -- The arrest and prosecution of the trio in 2002 -- The significance of the Public Order Ordinance -- The Cyberport dispute -- Reflections on competing conceptions of the rule of law -- Notes -- 9 INDONESIA -- Introduction -- Crime as policy -- An ambidextrous lawlessness -- Integrating the 1945 Constitution -- Rechtsstaat in a lawless state -- Unravelling integralism -- The persistence of memory -- The First Amendment -- The Second Amendment -- Bill of Rights -- The role of the military -- Decentralisation -- The Third Amendment -- Election of the President -- Dismissal of the President -- Formation of the cabinet -- The Constitutional Court -- Redefining the Role of the MPR -- The regional 'senate' -- Judicial Commission -- Constitutional Commission -- The Fourth Amendment -- Direct election of the President -- MPR: the end of appointed members and dwifungsi -- The task ahead -- MPR or Constitutional Commission? -- Conclusion: the return of 'Asian values'? -- Notes -- 10 RULE OF LAW IN INDIA -- Anxieties -- Beyond mimesis? Postcolonial Indian construction of the rule of law.

Rights -- Development -- Governance: emplotting federalism -- Justice: the 'jurispathic' dimensions -- Adjudication as a kiss of life for Indian constitutionalism and the rule of law -- In lieu of a conclusion -- Notes -- 11 RULE OF LAW AND ASPECTS OF HUMAN RIGHTS IN THAILAND1 -- Conceptualization -- Rights and duties -- Individuals and communities -- Civillpolitical and economiclsociallcultural rights -- Human rightslsecurity and national security -- Universality and particularities -- Asian values and values-in-Asia -- Implementation -- Processes/procedures -- Substantive law/policies -- Mechanisms / institutions -- Checks and balances -- Resources -- International standards and cooperation -- Educationl mindset -- Orientations -- Notes -- 12 THE PHILIPPINE "PEOPLE POWER" CONSTITUTION, RULE OF LAW, AND THE LIMITS OF LIBERAL CONSTITUTIONALISM -- Summary -- Brief constitutional history -- The Malolos Constitution -- The American "organic acts" and the 1935 Constitution -- The Marcos Constitution -- Cory Aquino's Freedom Constitution -- Philippine constitutional traditions and crises -- Juridifying social causes -- Creating new institutional checks -- De-institutionalizing democracy -- Emerging challenges in Philippine constitutional discourse -- Notes -- 13 RULE OF LAW IN SOUTH KOREA -- Introduction -- The legal system of Korea -- The politics of rule of law in Korea -- The Constitutional Court and the rule of law -- The exercise of extra-legal government power -- The coup d'état and constitutional order -- Emergency powers -- The propriety of the legislative process -- Conclusion -- -- 14 THE EFFECTS OF RULE OF LAW PRINCIPLES IN TAIWAN1 -- Introduction -- An overview of Taiwan's institutions of government -- The thin conception of rule of law in Taiwan -- The martial law period -- The post-martial law period.

The ascendancy of the liberal democratic thick version of the rule of law in contemporary Taiwan.

Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

Description based on publisher supplied metadata and other sources.

Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2018. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.