The Role of Public Law in a Developing Asia

22 Pages Posted: 26 Dec 2006

See all articles by Kevin Yew Lee Tan

Kevin Yew Lee Tan

National University of Singapore (NUS) - Faculty of Law; Equilibrium Consulting Pte Ltd.; S Rajaratnam School of International Studies, NTU

Abstract

The development of public law is seldom regarded as a sine qua non for development. This is especially so in Asia where power and authority are viewed with respect rather than with suspicion, unlike in the west. This is ironic since Asian states have traditionally been very strong, and their roles have expanded greatly over the last forty years. Government intervention in the economy is now a given, and in many states, large bureaucracies, government agencies and government-linked companies have emerged. The expansion of the public sector calls for a legal framework of controls. If public law is to fulfill its function to check on the abuse or arbitrary exercise of executive power, it must grapple with three challenges: (a) Asian legal culture; (b) the need for governments to govern, seek legitimacy and maintain stability; and (c) extensive state intervention in the economy.

Suggested Citation

Tan, Kevin Yew Lee, The Role of Public Law in a Developing Asia. Singapore Journal of Legal Studies, pp. 265-286, 2004, Available at SSRN: https://ssrn.com/abstract=953592

Kevin Yew Lee Tan (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

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S Rajaratnam School of International Studies, NTU ( email )

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