Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 26 of 26

Full-Text Articles in Law

Why 9/11 Matters To Singapore, Tan K. B. Eugene Sep 2021

Why 9/11 Matters To Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed why 9/11 matters to Singapore. He opined that when it comes to countering the terrorist threat, civil society has an important role to play in strengthening inter-faith engagement and understanding.


One Year On Since Ge2020: Thinking Afresh For The Post-Covid Era, Tan K. B. Eugene Jul 2021

One Year On Since Ge2020: Thinking Afresh For The Post-Covid Era, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that even as political competition in Singapore sharpens, a deeper understanding and broader consensus must develop on critical issues. He believes that remaking Singapore to be a fairer, more just, and compassionate society in a post-Covid world is a key responsibility for Parliament.


Important Not To Let Hsr Termination Hobble Further Cooperation, Tan K. B. Eugene Jan 2021

Important Not To Let Hsr Termination Hobble Further Cooperation, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Strong people-to-people ties can help temper political histrionics, moderate negative impact on political ties. The tantalising prospect of being able to leave Singapore and arrive in Kuala Lumpur in just 90 minutes remains a pipe dream after the High Speed Rail (HSR) agreement was terminated last Friday, along with what could have been an important confidence booster to bilateral ties between Singapore and Malaysia.


Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene Sep 2020

Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Singaporeans went to the polls on July 10 amid an unprecedented set of public health and safety precautionary measures put in place to prevent the spread of Covid-19 infections. Among other things, GE2020 would also be remembered for long queues at some polling stations and the less than positive voter experience. There was also the first-ever extension of polling hours nationwide by two hours to 10pm.


14th Parliament Has Weighty Duty Steering Singapore Into Post-Covid-19 Future, Tan K. B. Eugene Aug 2020

14th Parliament Has Weighty Duty Steering Singapore Into Post-Covid-19 Future, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In more ways than one, the five-year term of Singapore’s 14th Parliament has been and will be defined even before it begins. How this institution of the people’s representatives leads the nation amid the raging Covid-19 global pandemic and positions Singapore for the post-Covid world matters immensely.


Ge2020 Commentary: Assessing The Voters’ Message To Pap (And Other Parties), Tan K. B. Eugene Jul 2020

Ge2020 Commentary: Assessing The Voters’ Message To Pap (And Other Parties), Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Despite the “crisis of a generation”, the 2020 general election results point to a considered flight from the status quo, rather than a flight to safety. Singaporean voters, through their 2.54 million ballots cast, sent a nuanced message to all political parties and election candidates. It was a renewed, urgent expression of a vote for change, more so than in the 2011 election.


Amid The Covid-19 Outbreak, What Can Singapore Expect In Budget 2020, Tan K. B. Eugene Feb 2020

Amid The Covid-19 Outbreak, What Can Singapore Expect In Budget 2020, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The Covid-19 outbreak has placed significant and urgent demands on Budget 2020 that will be unveiled on Tuesday (Feb 18). The Government has given a strong affirmation that the Budget will be equal to the task and that it will reinforce the “never fear” spirit that Singapore and Singaporeans will need to adopt to come out stronger of this challenging period.


A Crude Bargain: Great Powers, Oil States, And Petro-Alignment, Inwook Kim Sep 2019

A Crude Bargain: Great Powers, Oil States, And Petro-Alignment, Inwook Kim

Research Collection School of Social Sciences

Petro-alignment, a quid pro quo arrangement whereby great powers offer security in exchange for oil states’ friendly oil policies, is a widely used and yet undertheorized energy security strategy. One consequential aspect of this exchange is that great powers choose different levels of security commitment to keep oil producers friendly. With what criteria do great powers rank oil states? How do we conceptualize different types of petro-alignments? What exactly do great powers and oil producers exchange under each petro-alignment type? I posit that a mix of market power and geostrategic location determines the strategic value and vulnerability of individual client …


Deterrence Under Nuclear Asymmetry: Thaad And The Prospects For Missile Defense On The Korean Peninsula, Inwook Kim, Soul Park Apr 2019

Deterrence Under Nuclear Asymmetry: Thaad And The Prospects For Missile Defense On The Korean Peninsula, Inwook Kim, Soul Park

Research Collection School of Social Sciences

The 2016 decision to deploy Terminal High Altitude Area Defense (THAAD) to South Korea has generated multitude of intensely politicized issues and has proved highly controversial. This has made it challenging to alleviate, let alone clarify, points of analytical and policy tensions. We instead disaggregate and revisit two fundamental questions. One is whether THAAD could really defend South Korea from North Korean missiles. We challenge the conventional “qualified optimism” by giving analytical primacy to three countermeasures available to defeat THAAD–use of decoys, tumbling and spiral motion, and outnumbering. These countermeasures are relatively inexpensive to create but exceedingly difficult to offset. …


Popular Versus Elite Democracies And Human Rights: Inclusion Makes A Difference, Devin K. Joshi, J. S. Maloy, Timothy M. Peterson Mar 2019

Popular Versus Elite Democracies And Human Rights: Inclusion Makes A Difference, Devin K. Joshi, J. S. Maloy, Timothy M. Peterson

Research Collection School of Social Sciences

Scholarly research generally finds that democratic governments are more likely to respect human rights than other types of regimes. Different human rights practices among long-standing and affluent democracies therefore present a puzzle. Drawing from democratic theory and comparative institutional studies, we argue more inclusive or "popular" democracies should enforce human rights better than more exclusive or "elite" democracies, even in the face of security threats from armed conflict. Instead of relying on the Freedom House or Polity indexes to distinguish levels of democracy, we adopt a more focused approach to measuring structures of inclusion, the Institutional Democracy Index (IDI), which …


All Eyes Will Be On How Heng And His 4g Team Lead Singapore, Tan K. B. Eugene Nov 2018

All Eyes Will Be On How Heng And His 4g Team Lead Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan said the choice of Finance Minister Heng Swee Keat as the People’s Action Party’s first assistant secretary-general should not come as a surprise as he was the only fourth-generation (4G) leader to be made a full Minister upon winning his maiden election in 2011, helming the Education Ministry between 2011 and 2015. He opined that Mr Heng’s 4G team will have to stamp their distinctive collective identity and leadership ethos as governance becomes increasingly complex.


The Two Foundings Thesis, Sonu Bedi, Elvin T. Lim May 2018

The Two Foundings Thesis, Sonu Bedi, Elvin T. Lim

Research Collection School of Social Sciences

Constitutional interpretation generates intense debates over rights and powers. Countless U.S. Supreme Court decisions, articles, and books discuss these debates. With regard to powers, these debates often center around a nationalistic view of the U.S. Constitution, where the U.S. Congress has broad and expansive powers, or a states’ rights view of the document, where Congress has narrow and limited powers.1 With regards to rights, these debates often center around an emphasis on a moral reading of various clauses2 versus an emphasis on originalism


Singapore's Elected President: An Office That Is Still Evolving, Jack Tsen-Ta Lee Jul 2016

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.


Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee Nov 2015

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …


The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim Feb 2015

The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim

Research Collection School of Social Sciences

The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …


On The Road To Watershed Hustings, Tan K. B. Eugene Nov 2014

On The Road To Watershed Hustings, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law and former Nominated Member of Parliament Eugene Tan noted that with just 23 months left in the 12th Parliament's five-year term, the next polls, which will have to be held by Jan 9, 2017, promise to be the watershed general election. He also commented that it will almost certainly be a straight fight between the ruling People's Action Party and the Workers' Party, providing some indication of whether Singapore is evolving from a one-party dominant to a two-party political system.


Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan Mar 2013

Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

In the immediate aftermath of 9/11, the primary weakness of US foreign policy, particularly in Southeast Asia which is home to the largest Muslim community in the world, was that it was driven by concerns over archipelagic Southeast Asia as the “second front” in the “global war against terror.” Military warfare and coercive legislation and enforcement are grossly inadequate in winning the hearts and minds of a community. Religion-wise, Asia is not a tabula rosa. Many religions have long co-existed in Asia. The virtues of religious freedom are not alien to Asia but need nurturing given the dominant imperatives of …


International Human Rights Law And Social Movements: States' Resistance And Civil Society's Insistence, Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim Aug 2012

International Human Rights Law And Social Movements: States' Resistance And Civil Society's Insistence, Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim

Research Collection School of Social Sciences

This review examines recent scholarship on the rise of international human rights law and proposes that social movements have played critical roles both in elevating the standards of human rights in international law and in leveraging these standards into better local practices. Institutionalization of universal human rights principles began in the immediate post–World War II period, in which civil society actors worked with powerful states to establish human rights as a key guiding principle of the international community and to ensure the actors' continuing participation in international human rights institutions. The subsequent decades saw various hurdles arise in international politics, …


Singapore: Transitioning To A "New Normal" In A Post-Lee Kuan Yew Era, Eugene K. B. Tan Jan 2012

Singapore: Transitioning To A "New Normal" In A Post-Lee Kuan Yew Era, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

Politics in Singapore is generally marked by incremental change. When Singapore eventually becomes a two-party or multi-party democracy, the 2011 general election is likely to be regarded as the starting point of the epochal political transition. It was a boisterous year politically where political excitement and consciousness went up several notches due to the 7 May general elections and the 27 August presidential elections, both of which produced keenly contested hustings and outcomes. The aftermath of the general elections also saw the retirement of former Prime Ministers Lee Kuan Yew and Goh Chok Tong from the Cabinet.


Conceptualizing And Measuring Energy Security: A Synthesized Approach, Benjamin K. Sovacool, Ishani Mukherjee Aug 2011

Conceptualizing And Measuring Energy Security: A Synthesized Approach, Benjamin K. Sovacool, Ishani Mukherjee

Research Collection School of Social Sciences

This article provides a synthesized, workable framework for analyzing national energy security policies and performance. Drawn from research interviews, survey results, a focused workshop, and an extensive literature review, this article proposes that energy security ought to be comprised of five dimensions related to availability, affordability, technology development, sustainability, and regulation. We then break these five dimensions down into 20 components related to security of supply and production, dependency, and diversification for availability; price stability, access and equity, decentralization, and low prices for affordability; innovation and research, safety and reliability, resilience, energy efficiency, and investment for technology development; land use, …


Key Issues That Have Not Been Addressed, Tan K. B. Eugene May 2011

Key Issues That Have Not Been Addressed, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The last nine days of hustings period have provided for a most engaging electoral campaign in recent memory. There seems to be a nascent but growing political consciousness and Singaporeans are not shy to express their political inclinations and loyalties.


Tea Leaves Of The Economy: General Elections In 2010?, Tan K. B. Eugene Dec 2009

Tea Leaves Of The Economy: General Elections In 2010?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Incumbent governments with good economic track records would typically capitalise on economic downturns to seize a political advantage by calling for early elections. Will the ruling People's Action Party do so nect year in view of the strong economic perormances in recent months?


Singapore: A Tax Compact For The Future?, Eugene Kheng Boon Tan Jan 2006

Singapore: A Tax Compact For The Future?, Eugene Kheng Boon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.


Indonesia: Ambling On With The Status Quo, Eugene Kheng Boon Tan Jul 2003

Indonesia: Ambling On With The Status Quo, Eugene Kheng Boon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.


Singapore: The Feel Good Factor - A Vital Element In The Meticulous Preparations For Leadership Change, Eugene Kheng Boon Tan Jan 2003

Singapore: The Feel Good Factor - A Vital Element In The Meticulous Preparations For Leadership Change, Eugene Kheng Boon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.


The First Hong Kong Special Administrative Region Legislative Council Elections, James T. H. Tang Mar 1999

The First Hong Kong Special Administrative Region Legislative Council Elections, James T. H. Tang

Research Collection School of Social Sciences

The Legislative Council (Legco) Elections in Hong Kong on May 24, 1998, isthe first open multiparty electoral competition in the People's Republic of China(PRC). Since Chinese leaders have repeatedly rejected Western-style democracyor multiparty competition for China, the extent to which the Hong Kong experiencewould serve as a model for political developments on the mainland isclearly limited. Nonetheless, political changes in Hong Kong has to be seen aspart of China's experience following their reunion. Under the "one country, twosystems" formula, Hong Kong is given the freedom to conduct its own internalaffairs as a Special Administrative Region (SAR), but the formation of …