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- Association of Asian Constitutional Courts and Equivalent Institutions (AACC); constitutional justice; constitutionalism; means of communication; transnational judicial engagements (1)
- Constitution of Singapore (1)
- Constitutional Commission (1)
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- Elected President of Singapore (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review, Seow Hon Tan
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article considers the dilemma that constitutional judicial review presents to the most well-meaning of judges — that of navigating the narrow and difficult road between parliamentary supremacy and judicial oligarchy. It examines the Singapore Court of Appeal’s delineation of legal and extra-legal considerations in view of Ronald Dworkin’s theory of adjudication in determining the constitutionality of section 377A of the Penal Code in Lim Meng Suang v. Attorney General. It proposes an alternative natural law approach to constitutional judicial review based on Radbruch’s formula, which helps courts to avoid the pitfalls of judicial idiosyncrasies and usurpation of legislative mandate …
Singapore's Elected President: An Office That Is Still Evolving, Jack Tsen-Ta Lee
Singapore's Elected President: An Office That Is Still Evolving, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Constitutional changes effected to Singapore's Constitution in 1991 transformed the office of President from a purely ceremonial one chosen by the Parliament, to one directly elected by the people exercising certain discretionary powers. Among other things, the President may now veto attempts by the Government to deplete the nation's past financial reserves, and to effect unsuitable appointments to or dismissals of key public officers. Now, the Government is proposing to tweak the system further.
We All Stand Together: The Role Of The Association Of Asian Constitutional Courts And Equivalent Institutions In Promoting Constitutionalism, Maartje De Visser
We All Stand Together: The Role Of The Association Of Asian Constitutional Courts And Equivalent Institutions In Promoting Constitutionalism, Maartje De Visser
Research Collection Yong Pung How School Of Law
This article critically evaluates the interplay among courts with constitutional jurisdiction in Asia. This is done in the specific context of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). The article finds that the AACC has to date made only a nominal contribution to cultivating inter-court relations in furtherance of common goals and advances the claim that its members ought to rectify this state of affairs. On the one hand, transnational judicial alliances have instrumental value for participating courts in the discharge of their mandate. On the other hand, the AACC can be a useful conduit in nurturing …
Recalibrating The Roles Of The Dutch Parliament And Dutch Judges When Engaging With International Law?, Maartje De Visser
Recalibrating The Roles Of The Dutch Parliament And Dutch Judges When Engaging With International Law?, Maartje De Visser
Research Collection Yong Pung How School Of Law
Two proposals are currently pending before the Dutch Parliament that purport to enhance its role in managing the relationship between domestic law and international agreements. Both were introduced as private-member bills by MP Taverne, a member of the liberal party (VVD) that is in coalition government with Labour (PvdA).
Submission On Specific Aspects Of The Elected Presidency, Jack Tsen-Ta Lee
Submission On Specific Aspects Of The Elected Presidency, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This submission, to which minor redactions have been made, was prepared in response to a call for public feedback (archived here) by the Constitutional Commission to study and make recommendations on specific aspects of the Elected Presidency chaired by the Honourable Chief Justice Sundaresh Menon.
New Approaches To The Constitutional Guarantee Of Equality Before The Law: 'Lim Meng Suang V Attorney-General' [2015] 1 Slr 26 (Ca); [2013] 3 Slr 118 (Hc): 'Tan Eng Hong V Attorney-General' [2013] 4 Slr 1059 (Hc); [2012] 4 Slr 476 (Ca), Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In a recent series of challenges to s 377A of the Penal Code (Cap 224, 2008 Rev Ed), the courts have developed the jurisprudence on review of legislation under Art 12(1) of the Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) ("the Constitution"). Both the High Court and the Court of Appeal set a very high (but not insurmountable) threshold, but each did so in a different manner due to differing conceptions of equality. A critical examination of both approaches shows that the courts' conclusions are ultimately defensible more as a means of disposing of the instant …
Myanmar- A New Law For A New Era, Mahdev Mohan
Myanmar- A New Law For A New Era, Mahdev Mohan
Research Collection Yong Pung How School Of Law
On 5 January, Myanmar’s parliament enacted the Arbitration Law 2016 – Union Parliament Act No. 5 of 2016 – which repeals and replaces the Myanmar Arbitration Act 1944 and represents an important step forward in creating a legal environment that is attractive for investment and commerce.