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Full-Text Articles in Legal History
Jury Trial In Singapore And Malaysia: The Unmaking Of A Legal Institution, Andrew B.L. Phang
Jury Trial In Singapore And Malaysia: The Unmaking Of A Legal Institution, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
THE main task of this article is to inquire into the reasons for the general decline and final abolition of the jury system 1 in Singapore.2 It also seeks to discover why the decline and fall of a major legal institution aroused so little public debate, let alone outcry. To this end, the focus must necessarily be historical, but, in the context of a nation still in the process of discovering its legal heritage, it is hoped that the account which follows will contribute in some small way towards the development of our legal
Stare Decisis In Singapore And Malaysia: A Sad Tale Of The Use And Abuse Of Statutes, Andrew B.L. Phang
Stare Decisis In Singapore And Malaysia: A Sad Tale Of The Use And Abuse Of Statutes, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
A study of the cases and literature with regard to stare decisis in Singapore and Malaysia will reveal at least one salient characteristic - the propensity, primarily of the Courts, to misread statutes and twist them (whether inadvertently or otherwise) in order to justify a particular conclusion. Ironically enough, at the end of the day, similar (though not identical) conclusions could have been reached without the need to resort to any particular statutory provision. In this short article, I shall not endeavour to retrace ground already well covered by others, but will set out, in rather summary form, further reflections …