Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee
According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
When interpreting the fundamental liberties in the Singapore Constitution, courts presently do not engage in a proportionality analysis – that is, a consideration of whether limitations on rights imposed by executive or legislative action bear a rational relation with the object of the action, and, if so, whether the limitations restrict rights as minimally as possible. The main reason for this appears to be the expansive manner in which exceptions to the fundamental liberties are phrased, and the courts’ deferential attitude towards the political branches of government. This paper considers how the rejection of proportionality has affected the rights to …
Book Review/Response: Maartje De Visser And Laurent Pech On Comparative Constitutional Review In Europe, Laurent Pech, Maartje De Visser
Book Review/Response: Maartje De Visser And Laurent Pech On Comparative Constitutional Review In Europe, Laurent Pech, Maartje De Visser
Research Collection Yong Pung How School Of Law
Laurent Pech reviews Maartje de Visser’s recent book on Constitutional Review in Europe: A Comparative Analysis. Maartje de Visser then responds to the review.
Further Clarification From The High Court On The Limits To The Constitutional Right To Counsel: James Raj S/O Arokiasamy V Pp [2014] Sghc 10, Siyuan Chen, Kenneth Tan
Further Clarification From The High Court On The Limits To The Constitutional Right To Counsel: James Raj S/O Arokiasamy V Pp [2014] Sghc 10, Siyuan Chen, Kenneth Tan
Research Collection Yong Pung How School Of Law
Article 9(3) of the Constitution1 states that “Where a person is arrested, he … shall be allowed to consult and be defended by a legal practitioner of his choice.” However, art 9(3) does not stipulate the point in time at which an arrested person is entitled to consult counsel. The local jurisprudence over the past few decades have affirmed the interpretation that an arrested person is not entitled to access counsel immediately upon arrest, but only after a reasonable amount of time has elapsed. The High Court in James Raj s/o Arokiasamy v Public Prosecutor (“James Raj”) has now shed …