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Full-Text Articles in Law
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the …
Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee
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 …
Expecting The Right Thing: The Imperative For Recognising Substantive Legitimate Expectations In Singapore, Siraj Aziz Shaik, Yi Siong Sui
Expecting The Right Thing: The Imperative For Recognising Substantive Legitimate Expectations In Singapore, Siraj Aziz Shaik, Yi Siong Sui
2008 Asian Business & Rule of Law initiative
Recognition of a legitimate expectation for a substantive benefit has long been fraught with controversy both within jurisdictions that do and do not adopt the doctrine. This article seeks to assess the validity and utility of the doctrine of substantive legitimate expectations as it has developed in common law jurisdictions and extrapolate a conclusion which would be of guidance as to what the Singapore position on the doctrine ought to be. This article argues that on balance the doctrine of substantive legitimate expectations is a welcome addition to the landscape of administrative law in Singapore, and that the seminal case …