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Series

Legislation

2016

Singapore Management University

Articles 1 - 3 of 3

Full-Text Articles in Law

Where Judicial And Legislative Powers Conflict: Dealing With Legislative Gaps (And Non-Gaps) In Singapore, Yihan Goh May 2016

Where Judicial And Legislative Powers Conflict: Dealing With Legislative Gaps (And Non-Gaps) In Singapore, Yihan Goh

Research Collection Yong Pung How School Of Law

This article is concerned with the resolution of legislative gaps in Singapore. Legislative gaps can arise obviously, such as when the draftsman mistakenly omitted an obvious word in a legislative provision. Gaps can also arise more ambiguously, such as where an old statute has not kept pace with modern development, thereby leaving a gap between the statute’s broad objects and particular application. Beyond the presence of gaps, the courts also have to consider how much weight, if at all, is to be placed on the absence of gaps. This article will propose a framework for dealing with legislative gaps (and …


Much On The Agenda In New Term Of Parliament, Tan K. B. Eugene Jan 2016

Much On The Agenda In New Term Of Parliament, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan highlighted several key issues as President Tony Tan Keng Yam opens the 13th Parliament’s five-year term tomorrow, which include the challenges facing the fourth generation (4G) leaders, the role of the Worker’s Party, as well as the critical issues for Parliament to tackle. Associate Prof Tan said that the 4G leaders will have to develop individual and collective identities and be able to win the confidence and trust of Singaporeans as the leadership transition substantially progresses further in the next few years. He noted that the critical issues for Parliament …


The Law Of Remedies – The Importance Of Comparative And Integrated Analysis, Andrew B.L. Phang Jan 2016

The Law Of Remedies – The Importance Of Comparative And Integrated Analysis, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

Two simple – and related – theses are advanced in this essay. The first is that, in the search for principle (whether in the law of remedies in particular or in the law in general), comparative analysis is extremely important. Secondly, this essay seeks to explain as well as demonstrate the importance of integrating academic scholarship with practical analysis. While both these theses are deceptively simple, they are by no means easy to accomplish and (perhaps as, if not more) importantly, might even entail a change in one’s mindset.