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The rule of law and governance in the East Asian State

Jayasuriya, K. (1999) The rule of law and governance in the East Asian State. Australian Journal of Asian Law, 1 (2). pp. 107-223.


In recent years multilateral agencies have placed much emphasis on the promotion of the 'rule of law' in East Asia; the recent Asian economic crisis has accelerated the development of governance and rule-of-law programs. This article argues that these rule-of-law programs are not just technical and neutral exercises but anchored in distinctive configurations of state structures and political traditions. Rather than the development of a liberal understanding of the rule of law, the emerging 'legalism' in East Asia points to the appearance of a form of economic constitutionalism. This authoritarian legalism serves to constitute an economic arena that is quarantined from political influences, giving rise to an increasingly fragmented state.

Item Type: Journal Article
Murdoch Affiliation: Asia Research Centre
Journal or Publication Title: Australian Journal of Asian Law
Page Range: pp. 107-223
Publisher: Federation Press
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