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Full-Text Articles in Social and Behavioral Sciences

Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong Nov 2019

Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong

Research Collection School Of Law

The issue of a legislative response to falsehoods first drew public attention when the Select Committee on Deliberate Online Falsehoods held its public hearings. This public attention was renewed when the Protection from Online Falsehoods and Manipulation Act (“POFMA”), in Bill form, was unveiled. Questions arose among both the public and MPs about whether POFMA would grant the Government power to stifle academic research, journalism, or the expression of opinion, as well as whether it would be difficult for an individual to seek recourse against an allegedly wrongly made Direction.This post focuses not with the substance of these issues ...


The Doctrine Of Severability In Constitutional Review: A Perspective From Singapore, Benjamin Joshua Ong Jan 2018

The Doctrine Of Severability In Constitutional Review: A Perspective From Singapore, Benjamin Joshua Ong

Research Collection School Of Law

The Singapore Court of Appeal’s decision in Prabagaran a/l Srivijayan v Public Prosecutor represents a substantial development in Singapore’s law on the doctrine of severability in constitutional review. An examination of Prabagaran reveals rich theoretical underpinnings relating to the nature of legislative intent. The case rightly locates the crux of the severability inquiry in secondary legislative intention, i.e. the legislature’s intention, at the time a statute was enacted, as to what should happen in the event that part of the statute is later held to be unconstitutional. This approach is preferable to the approach of ...


Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan Jan 2015

Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan

Research Collection School Of Law

Change is here. If this was not evident from the speech of Chief Justice Sundaresh Menon at his welcome ceremony three years ago, it is now. In three short years, Singapore is leading Asia - possibly the world - in the provision of not only legal services but also intellectual capital and resources. The speed of these developments should not be surprising. As Attorney-General V.K. Rajah observed at the Opening of the Legal Year this month, Singapore's law and legal system has come a long way in a short time. The story of the Singapore legal system thus far can ...


The Protection From Harassment Act 2014: Legislative Comment, Yihan Goh, Man Yip Sep 2014

The Protection From Harassment Act 2014: Legislative Comment, Yihan Goh, Man Yip

Research Collection School Of Law

The Protection from Harassment Act 2014 (“Act”) was passed by Parliament on 13 March 2014 following its Second Reading. The Act is a culmination of a concerted ministerial effort to bring about legislative change to the laws governing harassment. Bringing together the background to the Act, its general structure and its specific provisions, this article aims to add to the undoubted long list of commentaries on the Act and, it is hoped, contribute to the understanding and enforcement of the Act.


Streamlining Procedures For Judicial Review: Legislative Amendments To The Singapore Rules Of Court To Enhance Access To Justice, Denise Huiwen Wong Feb 2014

Streamlining Procedures For Judicial Review: Legislative Amendments To The Singapore Rules Of Court To Enhance Access To Justice, Denise Huiwen Wong

Research Collection School Of Law

Judicial review cannot serve as an effective check on administrative action unless aggrieved applicants have a real way to access the courts to obtain relief. In an admirable, albeit belated move, significant amendments were made to the Singapore Rules of Court to remove the procedural strictures inherited from the pre-1977 UK system. The amendments allow an applicant to seek a declaration in addition to the traditional prerogative orders and recover damages within the same proceedings if the applicant can prove that he/she would have had a valid claim in a private law action. This article examines the mischief that ...


An Institutional Alchemy: India’S Two Parliaments In Comparative Perspective, Shubhankar Dam Jan 2014

An Institutional Alchemy: India’S Two Parliaments In Comparative Perspective, Shubhankar Dam

Research Collection School Of Law

India has a parliamentary system. But articled in India’s Constitution is a provision that authorizes the President to occasionally enact legislation without involving Parliament. Such presidential legislation are called ordinances, not Acts; and rather than enact, the President promulgates them. Textually, ordinances are bounded by several ‘controls’. They are limited to circumstances when at least one House of Parliament is not in session, and the President is satisfied that the circumstances are such that immediate action is necessary. And without such formal parliamentary approval after a specified duration, they cease to exist. But after sixty years of constitutional practice ...


A Court For The Next Decade, Yihan Goh, Paul Tan Nov 2012

A Court For The Next Decade, Yihan Goh, Paul Tan

Research Collection School Of Law

Discusses the impact of Mr Sundaresh Menon as Singapore's fourth post-independence Chief Justice.


The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen Dec 2011

The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen

Research Collection School Of Law

The Court of Appeal (CA) judgment in Muhammad bin Kadar v Public Prosecutor created quite a stir in Singapore. The case pertained to a murder involving two suspects, and its resolution took almost six years, with many twists and turns as to the actual facts. The CA attributed the confusion in part to questionable practices adopted by the police and the prosecution at various points in the proceedings, and reserved strong words for them in its judgment. It also established new requirements for the prosecution regarding its duty to the court to disclose relevant material not favourable to the case ...


Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh Dec 2010

Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh

Research Collection School Of Law

Some statutes in operation today were passed a long time ago. Inevitably, through the passage of time, social norms at the time of enactment may now be unrecognizable. Two recent cases show contrasting approaches towards the interpretation of outdated statutory provisions. The first approach is seen in the Singapore High Court case of WX v.WW. That case concerned the interpretation of section 114 of the Evidence Act, a decidedly ancient statutory provision. The second approach was adopted by the Singapore Court of Appeal in AAG v. Estate of AAH, deceased. In that case, the Court of Appeal had to ...


Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam Oct 2010

Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam

Research Collection School Of Law

The article presents information on the presidential legislation of the parliamentary democracies, India and Pakistan. It discusses the role of the President acting as the Council of Ministers for the enactment of legislations as ordinances without the consent of the Parliament. Information on the legal interpretation of the ordinances and its interaction with the principles of the parliamentary system of the government is also presented.


Imbree V Mcneilly: A View From Singapore, Yihan Goh Jul 2009

Imbree V Mcneilly: A View From Singapore, Yihan Goh

Research Collection School Of Law

In Imbree v. McNeilly, the High Court of Australia ruled that a learner driver is no longer to be held to the standard of a reasonable but unqualified (and inexperienced) driver in negligence claims. It is the modest aim of this case note to show that Imbree, while a decision on a narrow point, in fact hints at a larger difficulty in the ascertainment of the standard of care in individual cases. It is in this context that it will be suggested that, when the time comes for Singapore courts to consider the applicability of Imbree, this difficulty should be ...


A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh Oct 2008

A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh

Research Collection School Of Law

In 1993, the Singapore Parliament enacted legislative provisions adapted from Australian legislation directing, inter alia, that the courts apply the purposive approach in statutory interpretation. Those provisions also allowed for the extended use of extrinsic materials in the interpretative process. Fifteen years on, there is now a considerable body of Singapore case law to which a meaningful analysis may be undertaken. Indeed, from an initially cautious application of the enacted legislation, the courts began to read the enactments expansively, eventually providing for a statutory interpretation regime that is largely free of the confines of old. Nonetheless, the Singapore position does ...


The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu Sep 1991

The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu

Research Collection School Of Law

Under the most current constitution, written in 1982, the citizens of the PRC are guaranteed freedom of the press, speech, assembly, association, procession, and demonstration; furthermore, all citizens enjoy the rights and assume the responsibilities prescribed by the constitution and the law. In 1989, following the student democracy demonstrations in the PRC, the government circulated a draft of the law concerning assemblies, processions, and demonstrations for public comment. While the 24 articles of the draft legislation effectively removed the right to free public protest by interposing a variety of administrative procedures governing proscription of venue, application, approval, and review, the ...