Same Bed, Different Dreams

Abstract

This chapter analyses legality in hybrid regimes in Asia, which refers to countries categorized by varying strands of literature as ‘semi-democracy’, ‘competitive authoritarianism’, or ‘electoral authoritarian regimes’. This type of hybrid regime is common in Asia and very much a product of the contemporary world where the functionalities of legality and constitutional law are recognized by not only democratic countries but also authoritarian states. This essay seeks to answer three questions: first, why would authoritarians accept the idea of legality and what exactly do they mean by legality? Second, what makes authoritarian legality functional and stable? Third, what are the factors that provide the conditions for the transition towards a more liberal and democratic system? The experience of East Asian hybrid regimes shows that authoritarian legality and constitutionalism is not only possible but actually exists in many Asian states associated with reputed prosperity. That being said, various limitations exist. It is also theoretically problematic and empirically wrong to assume a linear theory about the trajectory of legality development moving towards democracy.