Li-ann Thio

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.

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.

Starting with a typology of ASEAN external agreements, the authors go on to provide an original reading of plurilateral agreements as 'joint' agreements. The book then offers both a clarification of the effects - direct or indirect - of external agreements within the legal orders of ASEAN Member States, and an explanation of the effects of external agreements within the legal regime of ASEAN. The authors conclude with a discussion of the role of ASEAN centrality and the role of the secretariat in shaping it.

This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading. The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.