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The rule of law and governance in the East Asian State
Journal article   Peer reviewed

The rule of law and governance in the East Asian State

K. Jayasuriya
Australian Journal of Asian Law, Vol.1(2), pp.107-223
1999

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.

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