Historically, authoritarians openly repressed opponents by violence and harassment and subverted the rule of law to perpetuate their rule. Quite paradoxically for the organization created in the wake of world war ii, the eus concern for democracy and the rule of law. Legislation, discourse and legitimacy in singapore scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Majoritarianism is a traditional political philosophy or agenda that asserts that a majority sometimes categorized by religion, language, social class, or some other identifying factor of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society. Authoritarian leaders often exercise power arbitrarily and without regard to. A cooperative agreement of the rule of law collaborative at the university of south carolina and the bureau of international narcotics and law enforcement affairs, u.
Pdf cambridge studies in law and society authoritarian. Given the deeply political nature of rule of law as both a process and an end in itself, it. This traditional view has come under growing criticism, and democracies have. In this concluding chapter, i situate fraenkels theory of dictatorship in this emerging research program. I authoritarian system robert bedeski encyclopedia of life support systems eolss 1. Anthony w pereira political injustice compares the legal aspects of political repression in three recent military regimes. In his essay, francis fukuyama offers a vision of chinese governance that i contend is flawed in at least three important respects. Authoritarian rule of law two common assumptions are made about the rule of law. Authoritarian regimes may be either autocratic or oligarchic in nature, and may be based upon the rule of a party or the military in an influential 1964 work, the political. What for many years was seen as an oxymoronthe notion of an authoritarian rule of law no longer is. Authoritarian rule of law by jothie rajah goodreads. Authoritarian rule of law spans the period from colonization to the present, using a series of case studies to provide a sweeping as well as detailed and textured portrait of the rule of law in singapore.
Rajah reveals how the state has adeptly utilized narratives about its common law legal tradition, its vulnerable status as a multiethnic. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. In putins russia, the regime uses the law and legal institutions to fulfill political goals, to communicate them to society, and to manage the authoritarian coalition that helps the president govern. Authoritarianism and the rule of law in brazil, chile, and argentina makes a valuable contribution to the small but growing literature on courts in authoritarian regimes. Authoritarianism is a form of government characterized by strong central power and limited political freedoms. Scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Council, a new eu framework to strengthen the rule of law, com2014 158 final2, 8. Two common assumptions are made about the rule of law. He concludes that the forms of legal politics that reinforce the power and authority of legal institutions are.
Edric selous, the rule of law and the debate on it in the united nations, in the rule of law and its application to the united nations clemens a. Protecting democracy and the rule of law in the european. Scholars are increasingly interested in exploring ways to strengthen the rule of law in authoritarian statesespecially when deeper political reforms are not attainable. Authoritarianism has been undergoing a metamorphosis. Colonial, authoritarian, and humanitarian legacies in sudan, massoud develops the concept of legal politics, arguing that the way the rule of law works varies with the political system in which it. The article contributes to this discussion by revisiting the story of the emergence of the so. Authoritarian rule of law and regime legitimacy susan. The european union itself is based on the rule of law, and every action taken by the eu is.
Political scientists have created many typologies describing variations of authoritarian forms of government. Authoritarianism, principle of blind submission to authority, as opposed to individual freedom of thought and action. Colonial, authoritarian, and humanitarian legacies in sudan, massoud develops the concept of legal politics, arguing that the way the rule of law works varies with the political system in which it is embedded. What is the role of legal and judicial reform in the development process. Like democracy, the rule of law is a principle of governance anchored in.
Instead, the phenomenon has become a cutting edge concern in law andsociety research. From the rule of law to the law of rules archive ouverte hal. Comparing democracy and authoritarianism no two governments, past or present, are exactly the same. Johns university school of law 8000 utopia parkway queens, ny 11439 this paper can be downloaded without charge at. As a result, nearly all studies in comparative judicial politics. See also text accompanying notes below discussing the literature on the role of constitutional. Jothie rajah demonstrates how singapore has created that most improbable coupling the authoritarian rule of law. Introduction authoritarianism is a theory and a system of government customarily linked with dictatorship, in contrast to democracy.
The term rule by law, by contrast, refers to a system in which preeminent elites and the ruling party place themselves above the. Rule of law practitioners around the world have relied on this handbook for almost five years now. The processes for enacting and applying laws must be fair and transparent. While other scholars have focused on rationalchoice models for why authoritarian elites sometimes permit or even encourage judicial. Department of state the views expressed herein do not necessarily reflect the views of the u. The postcold war crackdown on these transparently authoritarian practices provided. Using workers narratives, surveys, and case studies of protests, gallagher argues that chinas halfhearted attempt at rule of law construction undermines the stability of authoritarian rule.
In a striking metaphor, he imagined the rule of law as a sharpener of law s knife, hence expressing a distinctive and genuine virtue of law s modus operandi of, as lon fuller 1964, p. Authoritarian rule of law by jothie rajah cambridge core. Comparing democracy and authoritarianism democracies. Brazil 19641985, chile 19731990, and argentina 19761983. Military rule, political regime in which the military as an organization holds a preponderance of power. A critique of joseph razs approach to the rule of law michael mcilwaine i introduction this essay provides a critical analysis of joseph razs formal conception of the rule of law and his provocative statement that. Being politically smart and adaptive in approaching rule of law reform. The term rule of law refers to a system in which all participants, including preeminent elites and the ruling party, are subject to the law. Rule of law, politics and development overseas development. H olovaty, t he r ule of l aw kyiv, phoenix publishing house 2006. Instead, he shows how colonial and authoritarian rulers used the rule of law to consolidate power and legitimate their rule. In fact, i have found this volume used by both civilian and military rule of law practitioners from many agencies across afghanistan. Rule of law operations are conceptually difficult and hard to.
The term military rule as used here is synonymous with military regime and refers to a subtype of authoritarian regime for most of human history, attaching military to rule would have been redundant, because almost all political regimes in largescale societies of the premodern period. Convinced that free markets and rule of law must tip authoritarian societies in a liberal direction, nearly all studies of law and contemporary politics have neglected that improbable coupling. Authoritarian challenges to the liberal order institute. Although growing at a fast pace, contemporary scholarship on dictatorships has so far generated only a fragmented understanding of authoritarian politics. Authoritarian leaders may use covid19 crisis to tighten. Rule of law and constitution building international idea. In the first section, i turn the notion of an authoritarian rule of law into a social science. And it is not difficult to justify his characterization or an accompanying concern about a dramatic. Resurgent authoritarianism and the international rule of law. In government, authoritarianism denotes any political system that concentrates power in the hands of a leader or a small elite that is not constitutionally responsible to the body of the people. Protecting democracy and the rule of law in the european union 2 eu equipped, legally and politically, to defend democracy and the rule of law in its member states.
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