Asian Discourses of Rule of Law by Randall Peerenboom

By Randall Peerenboom

Rule of legislation is likely one of the pillars of the fashionable international, and broadly essential for sustained monetary improvement, the implementation of democracy and the safety of human rights. It has despite the fact that emerged in Western liberal democracies, and a few humans query how a ways it's prone to take root absolutely within the diversified cultural, fiscal and political context of Asia. This ebook considers how rule of legislation is seen and applied in Asia. Chapters on France and the us supply a benchmark on how the concept that has advanced, is utilized and is applied in a civil legislation and a typical legislations jurisdiction. those are then through twelve chapters at the significant international locations of East Asia, and India, which give some thought to the entire key elements of this crucial factor.

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For the most part, the government takes a more pragmatic approach, whereas liberals generally are more fundamentalist. 23 For instance, it would be interesting to see if the fundamentalists still rigidly insisted on upholding rule of law when the outcome would be at odds with their political agenda and substantive conception of justice. As noted previously, rule of law is only one of many important social values, and thus one suspects that, while fundamentalists may be somewhat more committed to thin rule of law values than pragmatists, all would be willing to sacrifice rule of law on the alter of their preferred form of justice in some cases.

24 RANDALL PEERENBOOM The counter-majoritarian difficulty is, of course, not unique to the Asian countries. The Bush v. Gore debacle, in which the Supreme Court to all intents and purposes decided the election and truncated the political process (with most justices abandoning their previous positions), also highlighted the issue of allowing unelected justices wide powers of judicial review. But the issue may take slightly different forms in newly democratized states. In Taiwan, for instance, rather than pandering to the public, the government’s need to shore up its political base with Western allies and differentiate itself from the PRC has led the political elite to endorse liberal democracy.

There also appears to be some support within Vietnam for a soft-authoritarian form of rule of law. In addition, there is a diversity of views on a wide range of issues that do not add up to particular coherent conceptions. Rule of law is only one form of discourse competing for space in Vietnam today. While foreign agencies and elite intellectuals are likely to invoke rule of law, local discourses often treat similar issues in other terms. As we have seen, however, rule of law is rhetorically powerful.

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