Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Social and Behavioral Sciences
Rediscovering The Constitution, Jack Tsen-Ta Lee
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
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 …