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Unjust Enrichment: Revolution And Evolution In The Asia-Pacific, Tiong Min Yeo
Unjust Enrichment: Revolution And Evolution In The Asia-Pacific, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
This article contrasts two approaches to the development of the law of unjust enrichment in Malaysia and Singapore, as evidenced by recent case law. While the Malaysian Federal Court has taken the bold step of steering Malaysian common law into the somewhat uncharted territory of "absence of basis" as a general justification for claims to reverse unjust enrichment, the Singapore Court of Appeal has been more cautious in taking incremental steps to build on the "unjust factor" approach.
The Doctrine Of Severability In Constitutional Review: A Perspective From Singapore, Benjamin Joshua Ong
The Doctrine Of Severability In Constitutional Review: A Perspective From Singapore, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The Singapore Court of Appeal’s decision in Prabagaran a/l Srivijayan v Public Prosecutor represents a substantial development in Singapore’s law on the doctrine of severability in constitutional review. An examination of Prabagaran reveals rich theoretical underpinnings relating to the nature of legislative intent. The case rightly locates the crux of the severability inquiry in secondary legislative intention, i.e. the legislature’s intention, at the time a statute was enacted, as to what should happen in the event that part of the statute is later held to be unconstitutional. This approach is preferable to the approach of asking whether excision of unconstitutional …