Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Bill of rights (2)
- Civil liberties (2)
- Constitutional law (2)
- Human rights (2)
- Arbitration law (1)
-
- Carnal intercourse against the order of nature (1)
- Competence of arbitral tribunal to determine its own competence (1)
- Criminal law (1)
- Discrimination on grounds of sexual orientation (1)
- Doctrine of separability of arbitration clauses (1)
- Equal protection (1)
- Equality (1)
- Fundamental liberties (1)
- Gross indecency (1)
- Male homosexual activity (1)
- Moderate textualism (1)
- Role of judges in constitutional interpretation (1)
- Unnatural offenses (1)
Articles 1 - 13 of 13
Full-Text Articles in Law
Of Legal History, Jurisprudence And Insanity – “Wrong Or Contrary To Law" In Section 84 Of The Penal Code Re-Considered, Andrew B.L. Phang
Of Legal History, Jurisprudence And Insanity – “Wrong Or Contrary To Law" In Section 84 Of The Penal Code Re-Considered, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This article considers, from the perspectives of legal history and jurisprudence, longstanding controversy surrounding the interpretation of the phrase "wrong or contra to law" in section 84 of the Penal Code, and suggests that the evidence points to interpretation that "wrong" means "legally wrong" or "contrary to law". It also consid the practical implications that follow from such an interpretation, which implicatio would allow for some role, nevertheless, for extral
For Better Of For Worse: The Statutory Derivative Action In Singapore, Pearlie Koh
For Better Of For Worse: The Statutory Derivative Action In Singapore, Pearlie Koh
Research Collection Yong Pung How School Of Law
Managerial accountability (or the lack of it) to shareholders has been described as “one of the major socio-legal problems of the twentieth century”. That such a comment has come to be made seems inevitable given the fact that common law courts have consistently upheld, in the absence of fraud, the managerial authority of the Board against the shareholders in general meeting. The Directors have almost absolute authority to decide what is, in their opinion, in the commercial interests of the company. The concerns of shareholders are obvious in public companies where, for the sake of economic efficiency and as a …
Part Of Introductory Chapter (Part Viii), Kee Yang Low
Part Of Introductory Chapter (Part Viii), Kee Yang Low
Research Collection Yong Pung How School Of Law
No abstract provided.
International Rights And Australian Adaptations: Recent Developments In Criminal Investigation, Mark Findlay
International Rights And Australian Adaptations: Recent Developments In Criminal Investigation, Mark Findlay
Research Collection Yong Pung How School Of Law
To empower the "right to be presumed innocent until proven guilty according to law", Article 14 of the International Covenant on Civil and Political Rights identifies a range of "minimum guarantees" for suspects under investigation and for the accused at trial. Significant among these is that the suspect/accused is "not to be compelled to testify against himself or to confess guilt".
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
Research Collection Yong Pung How School Of Law
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.
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. ... …
Oh, The Times They Are A Changin: The Quiet (R)Evolution Revealed, Nadja Alexander
Oh, The Times They Are A Changin: The Quiet (R)Evolution Revealed, Nadja Alexander
Research Collection Yong Pung How School Of Law
One wonders if John Rhoades was thinking about lawyers when this was written.Unfortunately (for innovative law teachers at leas~) lawyers often' have a reputation forbeing staid and conservative. Only the passage of time and re-education of lawyers, lawstudents and the public can hope to alter this perception. As role models, law teachers caninfluence students' sense of worth, attitudes, ethics, and professional expectationsenormously. Often this potential sphere of influence is exercised unconsciously, if not,neglected. As a role model, teachers have the perfect opportunity to communicate to theirstudents why their discipline is exciting and why it is worthy of commitment.
Frustration Of Contracts For The Sale Of Land In Singapore, Andrew B.L. Phang
Frustration Of Contracts For The Sale Of Land In Singapore, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
The recent Singapore Court of Appeal decision of Lim Kim Som v. Sheriffa bah bte Abdul Rahman' is significant for at least two specific (and related) rea in the context of the doctrine of frustration: first, because it pertains to the m particular issue as to whether a contract for the sale of land can be frustrated; second, because it also raises certain significant questions with regard to m general aspects of the doctrine itself.
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 …
Jurisdiction Issues In International Tort Litigation: A Singapore View, Tiong Min Yeo
Jurisdiction Issues In International Tort Litigation: A Singapore View, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
This article looks at the issues that arise at a jurisdictional stage when a claim in tort containing foreign elements is made in a Singapore court. In particular, the amended Order 11 rule 1(f) of the Rules of the Supreme Court is examined. Because of the paucity of local authorities, extensive references are made to relevant Commonwealth cases to aid in the interpretation of the local provision.
Contracts Involve More Than Promises, Promises, Kee Yang Low, Patricia Ong
Contracts Involve More Than Promises, Promises, Kee Yang Low, Patricia Ong
Research Collection Yong Pung How School Of Law
You may have heard of the legal requirement that to enforce a contract, a person needs to show that he has given value; that he has given something in exchange for the promise. In legal terms, he must have provided consideration. Consideration involves the idea that the law only forces bargains where something is given for something, not bare promises. Yes, consideration is vital, as a recent Singapore Court of Appeal decision shows. In that case, the entitlement to more than S$100,000 in commission depended on the issue of consideration.
Sub‐Bailments And Consent, Andrew B.L. Phang
Sub‐Bailments And Consent, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Of the two major strands existing in the increasingly important topic of sub- bailment on terms, one has become well settled, the other has been shrouded in ambiguity for close to two decades. The recent Hong Kong Privy Council decision of The Pioneer Container’ reaffirms the first strand and, more importantly, delivers a definitive pronouncement on the second.
"The Concept Of Law" Revisited, Andrew B.L. Phang
"The Concept Of Law" Revisited, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
On any view, Hart is one of (if not the) leading jurists in Anglo-American legal philosophy this century. His central work, The Concept of Law,' is prescribed reading in virtually every jurisprudence course around the world. He has also been involved in the most famous debates in Anglo-American legal philosophy: the Hart-Fuller debate on the separation of law from morality; 2 the Hart-Devlin debate on the enforcement of morals;3 and the Hart-Dworkin debate on judicial discretion 4 -and it ought to be mentioned that it was precisely these debates that forced all three of these jurists to construct their own …