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.
Abstract
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 |
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Murdoch Affiliation(s): | Asia Research Centre |
Publisher: | Federation Press |
URI: | http://researchrepository.murdoch.edu.au/id/eprint/31127 |
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