Competing Visions of the Rule of Law in Southeast Asia: Power,Rhetoric and Governance

Abstract

This article introduces a special issue on the emergent relationship between the rhetoric and implementation of the rule of law concept in Southeast Asia. It thematically introduces four country case studies (Cambodia, Myanmar, Thailand and Vietnam), and the case of ASEAN’s adoption of the rule of law in region-building, which are included in this special issue. We highlight how ideals that are arguably central to the “tradition” of the rule of law are being excised, marginalised, defended and/or undermined in Southeast Asian contexts. We emphasise how the very concept is deeply contested and far from neutral – at stake is the very notion of “law” for whom, and for what. The article offers insight into the social dynamics affecting how the rule of law is being interpreted by political actors and how it is being contested and consolidated via governance practices in the region, and proposes new avenues for research in assessing how the rule of law is operating in transitional and authoritarian state settings.     

The 1892 General Election and the Eclipse of the Liberal Unionists

This article seeks to establish that the 1892 general election marked a major change in the relative positions of the parties in the Unionist alliance. Not only did it reveal the limitations of the Liberal Unionist Party's strategy and appeal in an age of increasingly organised, mass politics, but it also acted as a brake on the ambitions of the new leader of the Liberal Unionists in the house of commons, Joseph Chamberlain. It argues that the Liberal Unionist Party suffered a more severe setback in 1892 than has been recognized hitherto and that Chamberlain's attempts to revive his party both before and after the general election were now prescribed by the reality of the political position in which the party now found itself. Rather than regarding the fluid political circumstances of the 1890s as the outcome of an emerging struggle between increasingly polarised ideologies, it seeks to reinforce the significance of local political circumstances and the efficacy of party management in the growing dominance of Lord Salisbury and Arthur Balfour and the Conservative central organisers.     

A. V. Dicey and English constitutionalism

The jurist A. V. Dicey’s study of the Law of the Constitution (1885) has been since its publication the dominant analysis of the British constitution and the source of orthodoxy on such subjects as parliamentary sovereignty and the rule of law. This canonical status has obscured the originality of Dicey’s ideas in the history of legal and political thought. Dicey reworked the traditional idea of sovereignty into two separate concepts – legal and political sovereignty – in order to square the common law notion of the sovereignty of parliament with the democratic idea of the sovereignty of the people. He forged a new concept – ‘the rule of law’ – to explain the legal basis of liberty in common law countries in a manner that was both Benthamite and constitutionalist. Finally, he provided a democratic and anti-federalist rationale for maintaining the Union of Great Britain and Ireland. This majoritarian, centralist and utilitarian constitutionalism has been one of the most enduring products of Victorian scholarship. This article seeks to recover it in its original context and, in so doing, to show the value of reintegrating legal thought into the mainstream of modern British history and the history of political thought.     

黎萨尔与菲律宾现代政治变革模式的形成

何塞.黎萨尔被认为是菲律宾"国家和个人生活的基石"。在有关黎萨尔的研究中,黎萨尔与菲律宾政治变革的途径,即经由"改革"还是"革命"来达致国家的独立、获取全民的"福利",是争论不休的一个关键问题。从黎萨尔的著作来看,黎萨尔倾向于经由菲律宾政治精英在殖民政府内部对现有不合理的旧制度进行一场彻底的、激进的"好改革"来实现菲律宾的独立和民主。如果这一条道路走不通,那么,"暴力革命"将是最后的手段。黎萨尔所强调的"精英化的好改革"的政治思想,经由美国殖民政府的渲染,最终构成为菲律宾现代政治变革的基本模式——旧框架内的和平革命。     

Troubled Traditions: Female Adaptive Education in British Colonial Africa

This article examines African female education reform between the wars as a conjuncture of transnational philanthropic initiatives and state and missionary objectives on the ground. Through a comparative treatment of four schools in West, East and South-Central Africa, it shows that the search to recover and re-create the authentic African subject was a gendered process that aimed to critique one brand of colonialism (settler and industrial capitalism) by bolstering another (indirect rule). The schools at Achimota (Gold Coast), Kabete (Kenya), Hope Fountain (Southern Rhodesia) and Mbereshi (Northern Rhodesia) all idealised women’s traditional education as the key to offsetting the dangers of modernisation and preserving the integrity of the social body, and ‘adapted’ their curricula accordingly to their perception of women’s normative economic and social roles. However, the internal contradictions of this project stymied any possibility of implementing it in a cohesive way, and even its advocates and architects were often forced to admit the limits of tradition as a coherent logic or redemptive force. The gendered contours of adaptation, therefore, showed the potential of education to destabilise as much as to reinforce the shifting paradigms of the colonial project.     

A power elite in the cultural field. A story of Norwegian neo-corporatism

The organizational culture elite is studied as a new elite group emerging within a stable neo-corporatist state. Does this new elite adopt existing modes of operation or place itself at bay from the more established elite groups? The emergence of and changes in the culture elite are discussed from a historical perspective in terms of social background, recruitment processes, occupational careers, gender composition, political outlooks, lobbying, and media strategies. The culture elite is systematically compared to two other elites: the university elite, the most similar among the elites, and the economic elite, assumedly representing the greatest contrast. Despite special characteristics in the social situations and political views of the culture elite, it is concluded that the mode of operation of this group indicates a high degree of adaptability to the general system of elites. A main reason is assumed to be the integrative power and liberal quality of the state in a neo-corporatist regime.     

Muslim active citizenship in Australia: Socioeconomic challenges and the emergence of a Muslim elite

The most recent national Census demonstrated that Australian Muslims continue to occupy a socioeconomically disadvantaged position. On key indicators of unemployment rate, income, type of occupation and home ownership, Muslims consistently under-perform the national average. This pattern is evident in the last three Census data (2001, 2006 and 2011). Limited access to resources and a sense of marginalisation challenge full engagement with society and the natural growth of emotional affiliation with Australia. Muslim active citizenship is hampered by socioeconomic barriers. At the same time, an increasingly proactive class of educated Muslim elite has emerged to claim a voice for Muslims in Australia and promote citizenship rights and responsibilities.

最近的全国普查显示,澳大利亚的穆斯林仍处于社会经济的弱势地位。在诸如失业率、收入、就业类型、家居拥有等关键指标看,穆斯林一直位于国家平均水平之下。这一模式在最近三次普查（2001、2006、2011）中非常明显。获得资源渠道的有限以及边缘化感觉阻碍着他们充分参与社会,以及在情感上融入澳大利亚。穆斯林的公民意识受困于社会经济障碍。与此同时,也出现了一班受到良好教育的穆斯林精英,这个积极进取的阶层开始为澳大利亚的穆斯林代言,促进他们的公民权利和义务。     

The Street Corps of Changsha around 1920

The Changsha Street Corps originated in the local militia during the period of the Taiping Rebellion, and it played an important part in Changsha’s urban social management at the grassroots level. However, the role and influence of the street corps underwent changes during the process of modernization and the building of the modern nation–state. By 1920, although the street corps of Changsha still worked as the agent of the state at the grassroots level, its autonomy had been curtailed, and its social influence weakened. In the new social environment, even the maintenance of neighborhood interests became a challenge for the street corps. This article illustrates the readjustments in geopolitical and industrial relations during the process of urban modernization. It also illustrates how a new form of state power, namely the police, infiltrated the social management system, affected the traditional social structure, and complicated the interaction between modern state and society.     

新时期中国文化发展的几个宏观问题研究

改革开放以来,中国共产党的文化理论与政策经历了从“一体化”的文化建设理论与方针到建设“高扬主旋律”的多样化的文化观念与政策的演进;党在知识分子问题上的认识和政策也发生了很大转变,不但认识到知识分子是工人阶级的一部分,是先进生产力的开拓者,而且把市场经济、知识经济、信息时代与知识分子政策密切联系在一起;与此同时,建立在一元化基础上的一体化的文化形态开始解构,并形成了主导文化、大众文化和精英文化三足鼎立的当代中国文化的基本格局。