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Full-Text Articles in Social and Behavioral Sciences

Glocalised Constitution-Making In The Twenty-First Century: Evidence From Asia, Maartje De Visser, Bui Ngoc Son Jul 2019

Glocalised Constitution-Making In The Twenty-First Century: Evidence From Asia, Maartje De Visser, Bui Ngoc Son

Research Collection Yong Pung How School Of Law

How have Asian nations conducted, or how are they conducting, constitution-making in the face of pressures associated with globalization, and how do they balance those forces with domestic interests and realities? This article aims to develop an analytical framework that can capture this global-local interplay. It introduces the concept of “glocalized constitution-making” to denote the co-existence and relationship between the two governance levels as manifested in the forces, actors and norms pertaining to the process of drafting a new constitution as well as its substance. Glocalization permeates the entirety of a constitution-making episode, from the impetus to initiate the process, …


Social Justice And Human Rights In Education Policy Discourse: Assessing Nelson Mandela's Legacy, Abrehet Gebremedhin, Devin Joshi Jan 2016

Social Justice And Human Rights In Education Policy Discourse: Assessing Nelson Mandela's Legacy, Abrehet Gebremedhin, Devin Joshi

Research Collection School of Social Sciences

Twenty years after South Africa's democratisation, Nelson Mandela's passing has prompted scholars to examine his legacy in various domains. Here we take a look at his legacy in education discourse. Tracing Mandela's thoughts and pronouncements on education we find two major emphases: a view of education as a practical means to economic development, and education as a means to social justice, human rights, and democracy. Assessing the legacy of these twin emphases, we conducted qualitative and quantitative content analysis of turning point documents in education policy and annual reports from the respective South African ministries of education over the last …


Ko Ko Gyi [Myanmar, Activist], Ko Ko Gyi Dec 2014

Ko Ko Gyi [Myanmar, Activist], Ko Ko Gyi

Digital Narratives of Asia

Myanmar democracy activist Ko Ko Gyi spent a total of 17 years in prison for his political beliefs. First detained for his involvement in student protests in 1989, he was eventually released in 2012, along with 600 others, when the military-led government began implementing reforms. Mr Ko Ko Gyi now champions democracy and human rights issues as General Secretary of the 88 Generation Peace and Open Society. He was also a member of the government's Rakhine Investigation Commission to investigate the sectarian violence in Rakhine state. He speaks to DNA about the darkest days of his time in the infamous …


Asean–Eu Relations: From Regional Integration Assistance To Security Significance?, Anja Jetschke, Clara Portela Mar 2013

Asean–Eu Relations: From Regional Integration Assistance To Security Significance?, Anja Jetschke, Clara Portela

Research Collection School of Social Sciences

No abstract provided.


Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee Oct 2012

Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Few rights that are guaranteed by constitutions and bills of rights are expressed to be absolute. In many jurisdictions, the legislature is permitted to impose restrictions on rights for specified reasons and under particular conditions. However, constitutional or bill of rights text often do not expressly indicate how the courts should determine that applicants’ rights have been legitimately restricted. To this end, courts in jurisdictions such as Canada and the United Kingdom have adopted the European doctrine of proportionality. Essentially, this requires them to balance opposing types of public interests – the interest sought to be protected by the rights …


Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee Apr 2012

Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

This is an opinion prepared for the Criminal Law Committee of the Law Society of Singapore on an arrested person’s right to legal counsel in Singapore. Specifically, it deals with the following: (1) it summarizes pertinent aspects of the law relating to the right to legal counsel in Singapore; (2) it surveys a number of ASEAN and Commonwealth jurisdictions to determine how long after apprehension the right to counsel is generally accorded to arrested persons, and compares the legal position in these jurisdictions to the situation in Singapore; and (3) it examines two rights ancillary to the right to legal …


Political Dialogue And Human Rights In The Framework Of The Cotonou Agreement, Clara Portela Jul 2007

Political Dialogue And Human Rights In The Framework Of The Cotonou Agreement, Clara Portela

Research Collection School of Social Sciences

The present study analyses the use of the political instruments for the protection of Human Rights, democracy and the rule of law under the Partnership Agreement between the European Union (EU) and the African-Caribbean–Pacific (ACP) countries embedded in the Cotonou Agreement: the consultations under article 96, intensified and regular political dialogue. It briefly outlines the legal provisions of the revised treaty, reviews recent practice, and looks into the involvement of civil society and parliamentary bodies in the political dialogue.


Rediscovering The Constitution, Jack Tsen-Ta Lee Jan 1995

Rediscovering The Constitution, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The fundamental liberties in our Constitution involve a study of tensions: between an individual's rights and the community's interests, between the role of the judiciary on the one hand and the executive and legislature on the other. How we should interpret them depends on where we think equilibrium should be established. This depends on two main factors. The first is the proper function of the judiciary as laid down by our Constitution, which is discussed in Part I of this article. The second is the nature of our fundamental liberties, for they are worded with varying degrees of generality. ... …


Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee Jan 1995

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …