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This book looks at the rule of law in the context of Singapore and reflects on what the Singapore case study contributes to the understanding of the rule of law. Singapore has been both lauded and lambasted for vindicating and subverting the rule of law. While enjoying favour as a universal prescription for political justice and constitutionalism, the rule of law ideal is also challenged for being vague about what it means and requires. It remains an essentially contested conception, whose content is shaped by the underlying political, economic, social and religious public philosophy of a polity. The book explores the reception and development of the Singapore Local System, its constitutional order and institutions, the political dimensions, judicial review and the context of democracy and civil rights. Lucid and engaging, this book will be of interest to researchers working in constitutional law.>
Auteur
Li-ann Thio is Professor of Law (Provost's Chair) at the National University of Singapore and a former Nominated Member of the Singapore Parliament (Eleventh Session).
Texte du rabat
"This book looks at the Rule of Law in the context of Singapore and reflects on what the Singapore case study contributes to the understanding of the rule of law. This book reflects on what the Singapore case study contributed to understandings of the rule of law. It explores the reception and development of the Singapore Local System, its constitutional order and institutions, the political dimensions, judicial review, and the context of democracy and civil rights. This lucid and engaging book will be of interest to researchers with an interest in constitutional law"--
Résumé
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.
Contenu
Introduction: Rule of Law in Singapore A Provisional Orientation 1. The Reception and Development of the Rule of Law within the Singapore Legal System: From Colony to State 2. Rule of Law, the Constitutional Order and Institutions 3. Rule of Law, Institutions and Structural Judicial Review 4. Rule of Law, Managed Democracy and Civil and Political Rights 5. Judicial Review and the Administrative State 6. Judicial Review and Rights Jurisprudence 7. Conclusion: The Future of the Rule of Law in Singapore