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Comparative and Foreign Law

Selected Works

2012

Constitutional law

Articles 1 - 3 of 3

Full-Text Articles in Law

A Legal Backgrounder On By-Elections, Jack Tsen-Ta Lee Feb 2012

A Legal Backgrounder On By-Elections, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

The expulsion of Yaw Shin Leong, the Member of Parliament for Hougang Single Member Constituency, from the Workers’ Party has once again thrust the issue of the Singapore Government’s policy on by-elections into the limelight. This opinion piece considers whether the Government is right in taking the view that it has wide discretion to determine when, and if, to hold a by-election; and the possible consequences of an existing Non-constituency Member of Parliament (NCMP) standing as a candidate in a by-election.


Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly Dec 2011

Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly

Erin Daly

More and more constitutions around the world -- from Bangladesh to Bolivia, and from the Philippines to the countries of the EU -- are explicitly protecting environmental rights and the values of a clean and healthy environment. In many instances, environmental rights are recognized not as substantive entitlements (which would allow litigants to sue if the government polluted their rivers or clearcut their forests), but as procedural rights. Examples of procedural rights include imposing on governments the obligation to consult with communities before they take actions that will affect their environment or giving individuals the right to participate in governmental …


A Constitutional Case For Amending Article 9, Craig Martin Dec 2011

A Constitutional Case For Amending Article 9, Craig Martin

Craig Martin

The long simmering debate in Japan over whether and how to amend the war-renouncing provision of the Constitution, the famous Article 9, is once again heating up. Laws are now in place for a plebiscite on the issue. The Liberal Democratic Party has published a formal amendment proposal, which would operate to eviscerate the meaningful constraints on the use of force. The left continues to oppose any and all revision, even though public opinion has begun to shift, Japan’s strategic situation has become more fraught, and external pressure for Japan to play a greater international role mounts. Amendment is more …