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Autochthonous Constitutional Design In Post-Colonial Singapore: Intimations Of Confucianism And The Leviathan In Entrenching Dominant Government, Eugene K. B. Tan Nov 2013

Autochthonous Constitutional Design In Post-Colonial Singapore: Intimations Of Confucianism And The Leviathan In Entrenching Dominant Government, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

Does Singapore's approach to institutional design vis-avis political representation prioritize strong and effective government, or is the goal one that is geared towards a representative government as a means of enhancing political governance? his paper examines the series of amendments to Singapore's Constitution and related legislation, between 1984 and 1990, and in 2010, which relate to political representation in Singapore's electoral system and unicameral legislature. At one level, the changes are part of the endeavor to retain Parliament's standing as the focal point of Singapore's Westminstermodeled system of government. The constitutional changes reflect the political elites' abiding belief that institutional …


Developments In The Law On Constitutional And Statutory Interpretation: Vellama D/O Marie Muthu V Ag [2012] Sghc 155; [2013] Sgca 39, Benjamin Joshua Ong Sep 2013

Developments In The Law On Constitutional And Statutory Interpretation: Vellama D/O Marie Muthu V Ag [2012] Sghc 155; [2013] Sgca 39, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Following the expulsion of Mr Yaw Shin Leong, MP for Hougang Single MemberConstituency (SMC), from his party, the applicant in Vellama d/o Marie Muthu v AttorneyGeneral[2012] SGHC 155, [2012] 2 SLR 1033 (“Vellama (HC)”); [2013] SGCA 39 (“Vellama(CA)”), a resident of Hougang SMC, sought a declaration that the Prime Minister did nothave unfettered discretion in deciding whether and when to call a by-election to fill thevacant seat in Parliament, given that art 49(1) of the Constitution provides that “Wheneverthe seat of a Member, not being a non-constituency Member, has become vacant for anyreason other than a dissolution of Parliament, the …


Prosecutorial Discretion And The Legal Limits In Singapore, Gary Kok Yew Chan Mar 2013

Prosecutorial Discretion And The Legal Limits In Singapore, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

Article 35(8) of the Constitution of the Republic of Singapore states that the Attorney-General, as the Public Prosecutor, “shall have the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence”. This prosecutorial discretion, though extremely wide, is not an unfettered one and must not be exercised in bad faith or in breach of constitutional rights. With respect to the equality provision in the Constitution, the Prosecution has to give unbiased consideration to all potential accused persons and avoid any irrelevant considerations. The article considers whether the presumption of the constitutionality of prosecutorial decisions and …


This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee Jan 2013

This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

No abstract provided.