Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (6)
- Singapore (5)
- Judicial review (4)
- Rule of law (2)
- Administrative decision-making (1)
-
- Architectural conservation (1)
- Belitung Shipwreck (1)
- Bukit Brown Cemetery (1)
- Competition law and economic regulation (1)
- Constitutional law (1)
- Delegated legislation (1)
- Fettering of discretion (1)
- Good administration (1)
- Grounds of review (1)
- Hong Kong (1)
- Judicial review of administrative action (1)
- Jurisprudence (1)
- Land acquisition (1)
- Land use (1)
- Legality-merits distinction (1)
- Legitimate expectation (1)
- Legitimate expectations (1)
- Mandatory order (1)
- Merits review (1)
- National independent authorities (1)
- Planning law (1)
- Presidential Elections Committee (1)
- Presidential elections in Singapore (1)
- Public assemblies and processions (1)
- Public law (1)
Articles 1 - 13 of 13
Full-Text Articles in Law
Re-Examining Judicial Review Of Delegated Legislation, Wei Yao, Kenny Chng
Re-Examining Judicial Review Of Delegated Legislation, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The usage of delegated legislation as a means of governance deserves significant attention, in view of the enormous impact that it is capable of having on the lives of citizens. While reforms to the process of parliamentary scrutiny are an important means of minimising the inappropriate usage of delegated legislation, this paper explores the possibility of drawing more fruitfully upon judicial review as an additional control mechanism. It undertakes a theoretical analysis of what makes delegated legislation distinct from primary legislation and other types of executive action for the purposes of judicial review, with a view towards identifying the proper …
Revisiting Remedies And The Legality-Merits Distinction In Singapore Administrative Law: Cbb V Law Society Of Singapore [2021] Sgca 6, Kenny Chng, Wen Qi Andrea Soon
Revisiting Remedies And The Legality-Merits Distinction In Singapore Administrative Law: Cbb V Law Society Of Singapore [2021] Sgca 6, Kenny Chng, Wen Qi Andrea Soon
Research Collection Yong Pung How School Of Law
It is a general principle of administrative law that the courts will not compel a decision-maker to perform a public duty in a particular manner by way of a mandatory order. Notably, in CBB v Law Society of Singapore [2021] SGCA 6, the Singapore Court of Appeal accepted that an exception could be made to this general principle where there was only one reasonable way to perform the public duty in question. Beyond the decision’s obvious ramifications for the law relating to public law remedies in Singapore, this note argues that the Court of Appeal’s reasoning bears significant implications for …
Reconsidering The Legal Regulation Of The Usage Of Administrative Policies, Wei Yao, Kenny Chng
Reconsidering The Legal Regulation Of The Usage Of Administrative Policies, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Policies are of great practical importance in administrative governance. Yet, doctrinal and normative ambiguities remain in the law regulating the usage of administrative policies. Specifically, there exists a well-known tension between the rule against fettering and the legitimate expectations doctrine. Approaching this issue from a normative angle and drawing upon T.R.S. Allan’s reflections on the rule of law, the paper will argue that a unified legal approach governing the usage of administrative policies, premised on the normative objective of furthering the rule of law as the rule of reason, will go a significant way towards resolving this tension and addressing …
'Good Administration' And The 'Good': The Normative Foundation For The Protection Of Legitimate Expectations, Wei Yao, Kenny Chng
'Good Administration' And The 'Good': The Normative Foundation For The Protection Of Legitimate Expectations, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
An idea that has gained significant traction in both case law and academic commentary as a justification for the protection of legitimate expectations is the concept of ‘good administration’. Going beyond the usual criticisms of the concept’s ambiguity, this article aims to highlight an additional set of difficulties with the invocation of ‘good administration’ as the normative justification for the doctrine. This article’s central argument is that the concept of ‘good’ invoked by the idea of ‘good administration’ inevitably falls to be substantiated by a particular conception of what the ‘good’ requires as a matter of political philosophy. And given …
The Connection Between Policies And Decisions Made Pursuant To Policies, Wei Yao, Kenny Chng
The Connection Between Policies And Decisions Made Pursuant To Policies, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Policies are an indispensable feature of administrative governance. By providing default guidelines for decision-making, policies streamline the everyday administrative work of public authorities, helping to manage the gargantuan task of keeping the machinery of the modern administrative state running smoothly. This article will analyse an issue in the law regulating the usage of administrative policies that has received little attention to date – the connection between the unlawfulness of a policy in itself and the unlawfulness of a decision made pursuant to such a policy. This article will highlight that there is a degree of analytical ambiguity in this area …
The Unmeritorious ‘Legality’/‘Merits’ Distinction In Singapore Administrative Law, Benjamin Joshua Ong
The Unmeritorious ‘Legality’/‘Merits’ Distinction In Singapore Administrative Law, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The Singapore courts often state that judicial review of executive decision-making ought only to involve an inquiry into the ‘legality’ of a decision or the ‘decision-making process’, and not the ‘decision itself’ or its ‘merits’ – let us call this the ‘Distinction’. This paper argues that the Distinction should be expunged from Singapore law. The Distinction has its roots in English case law which aimed to prevent the courts from arbitrarily substituting their decision for the executive’s by reason of mere disagreement. But Singapore case law has gone further and treated the Distinction as a general principle applicable to all …
From Third World To First World: Law And Policy In Singapore’S Urban Transformation And Integration, Tan K. B. Eugene
From Third World To First World: Law And Policy In Singapore’S Urban Transformation And Integration, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The physical transformation of a colonial backwater city, Singapore, in one generation has been described as a feat of urban planning, renewal, and development. Less studied is the political will of the government to create a thriving city fit for purpose. Even less studied is the role of law that provides the powerful levers for the rapid and deep-seated changes to the urban landscape in Singapore. In this regard, the mindset shift that accompanied the massive urban transformation has facilitated a national psyche that embraces the material dimension of progress, for which urban renewal is not just a mere indicator …
Reflections On Thinking About The Pofma, Wei Yao, Kenny Chng
Reflections On Thinking About The Pofma, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The Singapore Protection From Online Falsehoods and Manipulation Act (POFMA) has generated a considerable amount of interest in the public square. Taking into account the way that public discourse has unfolded thus far, this post will offer a couple of brief reflections as to how one ought to think about the POFMA – indeed, borrowing a key concept from administrative law, this post is primarily concerned with the process of thinking about the POFMA, rather than offering a substantive position on its merits.
Curial Deference In Singapore Public Law: Autochthonous Evolution To Buttress Good Governance And The Rule Of Law, Tan K. B. Eugene
Curial Deference In Singapore Public Law: Autochthonous Evolution To Buttress Good Governance And The Rule Of Law, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Central to the separation of powers and the rule of law, judicial review empowers the courts to examine the exercise of discretionary power. While there is no general doctrine of deference, judical review in Singapore emphasises the green-light approach in facilitating good governance, and is sensitive to the political, socio-cultural and economic context. However, the jurisprudence also indicates a nuanced and robust approach to better regulate the decision-makers' latitude. A categorical approach towards justiciability is eschewed, and judicial scrutiny adopts varying intensities of review, taking into account the rights of the individual vis-a-vis the fair and just protection of governmental …
This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee
This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
No abstract provided.
The Belitung Shipwreck And Bukit Brown Cemetery: Legal Aspects, Jack Tsen-Ta Lee
The Belitung Shipwreck And Bukit Brown Cemetery: Legal Aspects, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
No abstract provided.
Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee
Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
The announcement by the Presidential Elections Committee (PEC) of the prospective candidates who have been issued certificates of eligibility for the 2011 presidential election in Singapore makes interesting reading for what it does and does not say. The Committee’s decision-making process is also fairly opaque. It is submitted the rules governing the PEC’s task should be reviewed before the next election. At least, it is hoped future Committees will adopt as constitutional conventions the practices of granting hearings to applicants, announcing decisions well ahead of nomination day, and issuing full reasons.
Independent Administrative Authorities And The Standard Of Judicial Review, Saskia Lavrijssen, Maartje De Visser
Independent Administrative Authorities And The Standard Of Judicial Review, Saskia Lavrijssen, Maartje De Visser
Research Collection Yong Pung How School Of Law
Recent developments in European competition and electronic communications law have led to an increased focus on, and importance of, independent administrative authorities. The competences available to these authorities are often wide-ranging, at times encompassing elements of all three of Montesquieu’s powers. These competences typically embody a considerable degree of discretion to allow the balancing of the – opposing – interests of various groups of stakeholders, such as consumers, competitors and manufacturers. This raises the question how the independence of administrative authorities can be counterbalanced by a certain degree of accountability for their actions. The aim of the present article is …