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Social and Behavioral Sciences Commons

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Comparative and Foreign Law

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Research Collection Yong Pung How School Of Law

2023

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Full-Text Articles in Social and Behavioral Sciences

The Relationship Between Constitutional Equality And Substantive Review, Wei Yao, Kenny Chng Nov 2023

The Relationship Between Constitutional Equality And Substantive Review, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

General equality rights in written constitutions – rights stating the ideal of equality without specifying categories of impermissible differentiation – have often been effected through the idea of equality as rationality. Equality as rationality demands that differentiations between like entities have to be rationally justifiable. Such equality rights are applicable to legislation and executive action. This presents a prima facie overlap with substantive review in common law administrative law, since substantive review is also concerned about the rational justifiability of executive action. This raises three questions: (1) Are both sets of legal principles indeed similar? (2) Have courts managed to …


Repeal Of The Recja And Transfer Of Countries To The Refja, Adeline Chong Feb 2023

Repeal Of The Recja And Transfer Of Countries To The Refja, Adeline Chong

Research Collection Yong Pung How School Of Law

Singapore’s Reciprocal Enforcement of Commonwealth Judgments Act 1921 (‘RECJA’) is based on the UK Administration of Justice Act 1920 and its Reciprocal Enforcement of Foreign Judgments Act 1959 (‘REFJA’) is based on the UK Foreign Judgments (Reciprocal Enforcement) Act 1933. In 2019, the government amended the REFJA in significant ways (previously detailed here), expanding its scope to include the registration of judgments from non-superior courts of gazetted countries, judicial settlements, non-money judgments and interlocutory judgments. At the same time, the RECJA was repealed from a date to be determined by the government.