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Articles 1 - 19 of 19
Full-Text Articles in Law
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The Constitution is the supreme law of Singapore, but have the courts unnecessarily limited their role of upholding the Constitution? This article is based on a speech delivered at an event at the Conrad Centennial Singapore on 4 December 2014 entitled The Role of the Judiciary in the Promotion and Protection of Human Rights organized by the Delegation of the European Union to Singapore to commemorate Human Rights Day.
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee
Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The Singapore Court of Appeal’s judgment in Vellama d/o Marie Muthu v Attorney-General [2013] SGCA 39 – popularly known as the Hougang by-election case – shows that the Court sees its role as policing the margins rather than involving itself in the heart of politics. The Court held that the Government was incorrect in asserting the Constitution confers on it the discretion not to hold a by-election at all after a parliamentary seat falls vacant. The judgment came as a surprise to those used to a judicial stance fairly deferential towards the Government, but on balance the Court did accord …
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
Jack Tsen-Ta LEE
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 Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee
Proportionality In Interpreting Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Proportionality In Interpreting Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam [Thuyết Cân Đối Trong Vấn Đề Giải Thích Các Quyền Về Hiến Pháp: So Sánh Giữa Canada, Liên Hiệp Các Vương Quốc Anh Và Singapore Và Kinh Nghiệm Cho Vìệt Nam], Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
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 …
The Past, Present And Future Of The Internal Security Act, Jack Tsen-Ta Lee
The Past, Present And Future Of The Internal Security Act, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Assistant Professor Jack Tsen-Ta Lee, who teaches and researches constitutional and administrative law at the School of Law of the Singapore Management University, introduces the Internal Security Act (ISA) and assesses its continued relevance today.
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
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 …
A Legal Backgrounder On By-Elections, Jack Tsen-Ta Lee
A Legal Backgrounder On By-Elections, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The expulsion of Yaw Shin Leong, the Member of Parliament for Hougang Single Member Constituency, from the Workers’ Party has once again thrust the issue of the Singapore Government’s policy on by-elections into the limelight. This opinion piece considers whether the Government is right in taking the view that it has wide discretion to determine when, and if, to hold a by-election; and the possible consequences of an existing Non-constituency Member of Parliament (NCMP) standing as a candidate in a by-election.
Teaching Law In The University – Shaping Future Generations, Jack Tsen-Ta Lee
Teaching Law In The University – Shaping Future Generations, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
This paper, which was written for the book The Practice of Law (Singapore: LexisNexis, 2011), gives an insight into what teaching law in a Singapore university is like from the perspective of a young law academic. It considers various aspects of an academic’s job – research and writing, teaching, and administration, for instance – and provides pointers on how one might best position oneself for an academic career.
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
It was not unexpected that the Singapore Court of Appeal would reaffirm the constitutionality of the mandatory death penalty for certain forms of drug trafficking in Yong Vui Kong v Public Prosecutor [2010] 3 S.L.R 489. ... The appellant made submissions based on Articles 9(1) and 12(1) of the Constitution, which respectively guarantee rights to life and personal liberty, and to equality before the law and equal protection of the law. This note examines aspects of the Article 9(1) arguments.
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee
Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.
Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee
Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Separability, Competence-Competence And The Arbitrator's Jurisdiction In Singapore, Jack Tsen-Ta Lee
Separability, Competence-Competence And The Arbitrator's Jurisdiction In Singapore, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The concepts of separability and competence-competence, which promote arbitral autonomy, exist in many jurisdictions. This article surveys the extent of their acceptance in Singapore's domestic and international arbitration law, and suggests that legislative refinements are necessary to remove doubts and resolve conflicts between the law and the SIAC [Singapore International Arbitration Centre] Rules.
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
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 …
Case Note: The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor [[1994] 3 Slr [Singapore Law Reports] 129, Ca]; Lim Choon Chye V Public Prosecutor [[1994] 3 Slr 135, Ca], Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
It is ironic that Abdullah bin A Rahman v PP and Lim Choon Chye v PP were decided in the aftermath of the Birmingham Six, Guildford Four and Maguire Seven cases from the United Kingdom. As in these cases, Abdullah and Lim Choon Chye highlight a serious flaw in our criminal justice system: there appears to be no appropriate way to correct miscarriages of justice. The purpose of this case note is to set out the conclusions reached by the Court of Appeal and to suggest directions for the future.
A Place For The Privileged Will, Jack Tsen-Ta Lee
A Place For The Privileged Will, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Most people consider the proper distribution of their property on death a vitally important matter. For those who are elderly, ill or engaged in risky occupations, it is often urgent to get such things settled fast. But some people may be in circumstances where they cannot comply with the formal requirements for a valid will. The law has long recognized this concern in the case of soldiers and sailors by allowing them to create privileged wills. Many jurisdictions, including Singapore, have legislation to this effect. This article seeks to determine if there remains a place for the privileged will today. …