Introduction to the Special Issue: The Search for Legitimacy in Asia

Kane, John; Loy, Hui-Chieh; Patapan, Haig

doi:10.1111/j.1747-1346.2010.00240.x

Politics &Amp; Policy

2010

DOI: 10.1111/j.1747-1346.2010.00240.x

|View full text |Cite

Introduction to the Special Issue: The Search for Legitimacy in Asia

John Kane

Hui-Chieh Loy

Haig Patapan

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2012

2019

Publication Types

Select...

Article5

Relationship

Self Cite1

Independent4

Authors

Journals

Cited by 8 publications

(1 citation statement)

References 12 publications

(7 reference statements)

Supporting

Mentioning

Contrasting

Order By: Relevance

“…For example, in Asia performance legitimation has been widely used by regimes that are either authoritarian or hybrids that contain elements of both democracy and authoritarianism. Legitimacy is claimed through providing improved economic conditions, welfare, and security benefits for citizens (Alagappa ; Kane, Loy, and Patapan ; Zhao and Yang ). As Alagappa (, 22) has observed, “effective performance can be deployed to generate moral authority.” International support, legality, and cult of personality are among other legitimating techniques that have been utilized in developing countries.…”

mentioning

confidence: 99%

Policy Transfer through Time and the Search for Legitimacy in Developing Nations

McCarthy-Jones

Turner

2015

Politics & Policy

View full text Add to dashboard Cite

This article explores the relationship between policy transfer through time and the quest for political legitimacy in developing countries. It is concerned with instances where contemporary figures reach back a long way in history in the search for items that can be used to legitimate present or future political arrangements. The first part of the article broadly classifies the various ways in which time has been used, but acknowledges the relative neglect of the temporal dimension in policy transfer studies. However, in the process of the search for political legitimation in developing countries, there has been a regular use of policy transfer through time. This is explored in a detailed case study of President Hugo Ch avezs Bolivarian revolution in Venezuela. From this case study, a four-stage sequence of policy transfer through time is constructed.

show abstract

mentioning

confidence: 99%

Policy Transfer through Time and the Search for Legitimacy in Developing Nations

McCarthy-Jones

Turner

2015

Politics & Policy

View full text Add to dashboard Cite

show abstract

The Choice of Norms in Courtroom Adjudication in Vietnam: In Search of Legitimacy in a Socialist Regulatory Context

Tran

2019

AsianJLS

View full text Add to dashboard Cite

Notwithstanding its defining feature of normative pluralism, the socialist state of Vietnam basically adopts a legal centralist approach to regulation. The judiciary is arguably the most illustrative of this approach, since it is the main forum where legal centralism encounters normative pluralism. Our research examines the choice of norms in judicial adjudication in Vietnam to check the effectiveness of its legal centralist approach. It finds that, despite lacking institutional support, judges managed to apply customary norms at their discretion against the state’s emphasis on top-down legal rules. A legitimacy-based analysis explains this phenomenon. It points out that judges conceptualized their legitimacy under the influence of both legal and extra-legal rules, thus making it apart from the legality. Judges attempt to bridge the gap between legitimacy and legality enabled de factor normative pluralism. In looking at the influence of customary norms over judicial adjudication, the article aims to make both theoretical and practical contributions. Theoretically, it enriches the scholarship of normative pluralism by showing how legitimacy-building keeps normative pluralism effective, irrespective of the dominating legal centralism. Practically, it proffers insightful implications for the ongoing court reforms in Vietnam based upon the findings.

show abstract

Public Discourse and Constitutional Change: A Comparison of Vietnam and Indonesia

Gillespie¹

2016

Asian J. Comp. Law

View full text Add to dashboard Cite

in this Special Issue is that public discourse is shaping the reform agenda. Some commentators argue that public discourse is animating a transition from a Soviet-influenced authoritarian constitution to a more liberal incarnation that legally defines the interface between state and society. Others are less certain about the impact of liberal constitutional discourse, and argue instead that Confucianism and East Asian illiberalism are equally important discursive influences. Although differing in their normative emphasis, these accounts share a common view that public commentary is propelling the party-state toward some kind of constitutionally limited government. This transformation involves a shift from a constitution that coordinates state agencies, announces state ideology, and controls and elicits cooperation from subordinates, to one that also establishes legal limits to party and state power. Despite unprecedented public discussion during the lead-up to the 2013 Constitution, commentators agree that reforms have been modest. Public calls for amendments that would have made the party and state legally accountable to the constitution were rejected. For example, the party leadership emphatically opposed constitutional oversight of the party, the separation of powers, a constitutional review council, legally enforceable guarantees of civil rights, and private land ownership. Nevertheless, many commentators remain optimistic that eventually the constitution will legally constrain party and state power. This faith in the capacity of public discourse to fundamentally change the conceptual underpinnings of the constitution raises fundamental questions. How does public discourse change deeply held constitutional preferences in authoritarian political spaces? What kinds of public discourse are the most persuasive in shaping law-making? This article draws on neo-Habermasian scholarship 1 to analyze the interaction between public discourse and constitutional change. It then contrasts constitutional discourse in Vietnam with public discourse that fundamentally changed the Indonesian Constitution after the fall of President Soeharto in 1998. It argues that key

show abstract

scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.

Contact Info

hi@scite.ai

10624 S. Eastern Ave., Ste. A-614

Henderson, NV 89052, USA

Blog Terms and Conditions API Terms Privacy Policy Contact Cookie Preferences Do Not Sell or Share My Personal Information

Made with 💙 for researchers

Part of the Research Solutions Family.

Introduction to the Special Issue: The Search for Legitimacy in Asia

Cited by 8 publications

References 12 publications

Policy Transfer through Time and the Search for Legitimacy in Developing Nations

Policy Transfer through Time and the Search for Legitimacy in Developing Nations

The Choice of Norms in Courtroom Adjudication in Vietnam: In Search of Legitimacy in a Socialist Regulatory Context

Public Discourse and Constitutional Change: A Comparison of Vietnam and Indonesia

Contact Info

Product

Resources

About