Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Singapore (13)
- Administrative law (4)
- Constitutional law (4)
- Equal protection (3)
- Human rights (3)
-
- Pandemic (3)
- Access to justice (2)
- Asia (2)
- COVID-19 (2)
- Civil society (2)
- Courts (2)
- Democracy (2)
- Executive action (2)
- Fake news (2)
- Hong Kong (2)
- Islam (2)
- Legal system (2)
- Parliament (2)
- Protection from Online Falsehoods and Manipulation Act (2)
- Religion (2)
- Terrorism (2)
- 18th Amendment (1)
- ASEAN (1)
- Abandonment (1)
- Administrative Procedural Act (1)
- Administrative decision-making (1)
- Artificial intelligence (1)
- Asian Law (1)
- Attribution theory (1)
- Autonomous systems (1)
- Publication Year
Articles 1 - 30 of 64
Full-Text Articles in Law
A Non-Contractual Approach To Smart Contracts, Florian Gamper
A Non-Contractual Approach To Smart Contracts, Florian Gamper
Research Collection Yong Pung How School Of Law
This article adds to the debate on what, legally speaking, smart contracts are and what they should be. Currently, much of this debate focuses on the relationship between smart contracts and legal contracts, overlooking that other legal categories may also be appropriate. This article suggests that the concept of abandonment can be fruitfully applied to smart contracts. Using the concept of abandonment has the advantage of allowing smart contracts, as close as legally possible, to be utilized as machines (or using the terminology suggested by Vitalik Buterin, founder of Etherium, as a ‘persistent script’). It would also make other issues, …
Constitutional Equality And Executive Action: A Comparative Perspective To The Comparator Problem, Kenny Chng
Constitutional Equality And Executive Action: A Comparative Perspective To The Comparator Problem, Kenny Chng
Research Collection Yong Pung How School Of Law
A general right to equality is a common feature of written constitutions around the world. Interesting questions arise when one seeks to apply such rights to discrete executive acts. The subject of such acts has necessarily been singled out from a multitude of possibilities for the purposes of the act. To determine whether a differentiation has occurred such that like cases have not been treated alike, to what or whom should this subject be compared? The question of how one selects the proper comparator becomes especially significant when one notes that whether the equal protection guarantee is triggered at all …
Legal Dispositionism And Artificially-Intelligent Attributions, Jerrold Soh
Legal Dispositionism And Artificially-Intelligent Attributions, Jerrold Soh
Research Collection Yong Pung How School Of Law
It is conventionally argued that because an artificially-intelligent (AI) system acts autonomously, its makers cannot easily be held liable should the system's actions harm. Since the system cannot be liable on its own account either, existing laws expose victims to accountability gaps and need to be reformed. Recent legal instruments have nonetheless established obligations against AI developers and providers. Drawing on attribution theory, this paper examines how these seemingly opposing positions are shaped by the ways in which AI systems are conceptualised. Specifically, folk dispositionism underpins conventional legal discourse on AI liability, personality, publications, and inventions and leads us towards …
Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin
Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin
Research Collection Yong Pung How School Of Law
Pioneered by the US, recent mega-regional trade agreements such as the CPTPP have incorporated ‘regulatory coherence’ provisions—mirroring the US Administrative Procedural Act's core designs—to balance between domestic regulatory autonomy and international cooperation. Building upon existing literature that traces the trajectories of the diffusion of regulatory coherence across jurisdictions, this article analyses how Australia's constitutional tradition could effectively condition the development of regulatory coherence in a Westminster-based model of governance. It is argued that the global entrenchment of regulatory coherence is contingent upon the inherent boundary defined by the political dynamics and constitutional structures within a jurisdiction.
The Relevance Of Purpose In Constitutional Equal Protection Challenges To Executive Action, Wei Yao, Kenny Chng
The Relevance Of Purpose In Constitutional Equal Protection Challenges To Executive Action, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Written constitutions often include generalized guarantees of equal protection which imply a proscription on unconstitutional differential treatment. This paper will examine what the analytical focus ought to be when evaluating challenges to executive action based on such rights, a particularly relevant issue given recent developments in Hong Kong’s and Singapore’s equal protection jurisprudence. These developments suggest that there are three possible analytical focal points, each of which takes a different perspective on the relevance of the executive’s purpose in utilizing differential treatment: (1) the connection between the chosen differentiation and the specific purpose of the challenged executive action; (2) the …
Analysing The Constitutionality Of Executive Action Under Articles 14 And 15 In Singapore – Theoretical And Doctrinal Perspectives, Wei Yao, Kenny Chng
Analysing The Constitutionality Of Executive Action Under Articles 14 And 15 In Singapore – Theoretical And Doctrinal Perspectives, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Articles 14 and 15 of the Singapore Constitution enshrine the rights to free speech, religious freedom, and other related rights in Singapore. These provisions also set out the circumstances under which these rights may be restricted. Notably, however, these provisions are directed at legislativerestrictions. The question is how they are applicable to executive action. This paper suggests that there are two possible means by which one can assess the constitutionality of executive action under Articles 14 and 15 in Singapore – the jurisdictional and substantive approaches – and demonstrates that evidence of both approaches can be found in Singapore law. …
Online Falsehoods, Constitutional Free Speech And Its Limits: The Online Citizen V The Attorney-General, Gary K. Y. Chan
Online Falsehoods, Constitutional Free Speech And Its Limits: The Online Citizen V The Attorney-General, Gary K. Y. Chan
Research Collection Yong Pung How School Of Law
The Singapore Court of Appeal has for the first time in The Online Citizen v The Attorney-General (8 October 2021) adjudicated on the constitutionality of correction directions issued by Ministers against allegedly false statements of fact under the Protection from Online Falsehoods and Manipulation Act 2019. An overarching framework was utilised to assess whether the Ministerial directions restrict free speech under Article 14(1)(a) of the Constitution; if so, whether the restrictions are justifiable under the Constitution and whether there is a rational nexus between the statutory aims and enumerated exceptions. This case comment also examines the constitutional stance towards subject …
Reconsidering The Legal Regulation Of The Usage Of Administrative Policies, Wei Yao, Kenny Chng
Reconsidering The Legal Regulation Of The Usage Of Administrative Policies, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Policies are of great practical importance in administrative governance. Yet, doctrinal and normative ambiguities remain in the law regulating the usage of administrative policies. Specifically, there exists a well-known tension between the rule against fettering and the legitimate expectations doctrine. Approaching this issue from a normative angle and drawing upon T.R.S. Allan’s reflections on the rule of law, the paper will argue that a unified legal approach governing the usage of administrative policies, premised on the normative objective of furthering the rule of law as the rule of reason, will go a significant way towards resolving this tension and addressing …
Singapore: National Report For The Global Access To Justice Project, Tan K. B. Eugene
Singapore: National Report For The Global Access To Justice Project, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Global Access to Justice Project is gathering the very latest information on the impact of the world’s major justice systems, analyzing legal, economic, social, cultural and psychological barriers that prevent or inhibit many, and not only the poor, from entering and using the legal system. The country report for Singapore follows the common framework provided by the Global Access to Justice Project Questionnaire.
Judicial Review Of Non-Statutory Executive Action [Amanda Sapienza, Federation Press, 2020], Wei Yao, Kenny Chng
Judicial Review Of Non-Statutory Executive Action [Amanda Sapienza, Federation Press, 2020], Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Dr. Amanda Sapienza’s “Judicial Review of Non-Statutory Executive Action” (The Federation Press, 2020) is an impressive work of scholarship. It provides a comprehensive and in-depth analysis of various aspects of the law relating to judicial review of non-statutory executive action with a specific focus on Australia, engaging with issues ranging from jurisdiction, justiciability, the conceptual basis for judicial review of non-statutory executive action, and the grounds of review and remedies available for judicial review of such action. While the book is directed primarily at Australian law, the quality and detail of the analysis proffered within makes it a worthy read …
The Role Of The Law Of Unjust Enrichment In Singapore, Hang Wu Tang
The Role Of The Law Of Unjust Enrichment In Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Singapore's unjust enrichment law may be described as a form of adoption with adaptation from English law, which is indicative of two phenomena: first, the idea of law as a travelling phenomenon and, second, the development of law as a circulation of ideas. In Singapore, unjust enrichment is now accepted as a distinct branch of the law of obligations alongside tort and contract, providing relief to a plaintiff who has transferred an enrichment to the defendant in circumstances where the plaintiffs intent was vitiated. This vitiation of intent is expressed as an 'unjust factor'. While certain 'unjust factors' are regarded …
Why An Independent, Holistic Review Of The Parti Liyani Case Is Necessary, Tan K. B. Eugene
Why An Independent, Holistic Review Of The Parti Liyani Case Is Necessary, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the case of Parti Liyani versus Public Prosecutor, and explained why an independent, holistic review of the case is necessary.
Trading Through A Pandemic: The Singaporean Experience, Henry Gao, Dhiraj G. Chainani, Siu Farn Chew
Trading Through A Pandemic: The Singaporean Experience, Henry Gao, Dhiraj G. Chainani, Siu Farn Chew
Research Collection Yong Pung How School Of Law
Being a small country with one of the highest trade-to-GDP ratios in the world, Singapore faced seemingly insurmountable challenges at the onset of the Coronavirus disease 2019 (COVID-19) pandemic. As countries around the world scrambled to fight the pandemic, they imposed restrictions on exports and imports, suspended international transportation of both goods and people, and invoked emergency power and exceptions to justify their actions. All these presented unprecedented challenges to Singapore, a country which relies on international trade not only for its prosperity but also for survival. This article discusses how Singapore tries to meet these challenges through various initiatives …
Massive Covid‐19 Infections In Foreign Workers Dormitories: The Dog That Did Not Bark In Singapore’S Fight Against The Covid‐19 Pandemic, Eugene K. B. Tan
Massive Covid‐19 Infections In Foreign Workers Dormitories: The Dog That Did Not Bark In Singapore’S Fight Against The Covid‐19 Pandemic, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
In the ongoing battle to combat the massive COVID-19 infections in the foreign workers’ dormitories, the focus and dominant narrative, unsurprisingly, has been on overcoming the clear and present public health issues there. The imperative is to safeguard the wellbeing and interests of the foreign workers who reside there (and including those who have been moved out), which is also fundamentally about protecting the rest of the community.
Philanthropic Structuring: The Asian Context, Hang Wu Tang, Man Yip, Vincent Ooi
Philanthropic Structuring: The Asian Context, Hang Wu Tang, Man Yip, Vincent Ooi
Research Collection Yong Pung How School Of Law
Asian philanthropy has tremendous potential for growth. Even as the population of ultra-rich individuals in Asia continues to expand, studies indicate that Asian philanthropists have the capacity to give a lot more. The key to tapping into the massive potential for Asian giving and catalysing sustainable and impactful philanthropy in Asia, is to understand the Asian way of giving and embrace strategic institutional and industry innovation.Our paper proposes three strategic directions to expand access to philanthropy: encouraging giving beyond one’s home and religious causes; encouraging everyone to give regardless of the size of the gift; and encouraging formal giving.Strong support …
Consider Allowing No-Fault Divorce To Remove Blame Game When Couples Split, Wing Cheong Chan
Consider Allowing No-Fault Divorce To Remove Blame Game When Couples Split, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
Such divorces remove acrimony and help families heal after a marriage breakdown
Legal Constraint In Emergencies: Reflections On Carl Schmitt, The Covid-19 Pandemic And Singapore | Symposium On Covid-19 & Public Law, Wei Yao, Kenny Chng
Legal Constraint In Emergencies: Reflections On Carl Schmitt, The Covid-19 Pandemic And Singapore | Symposium On Covid-19 & Public Law, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The controversial legal theorist Carl Schmitt’s challenge to the possibility of meaningful legal constraint on executive power in emergencies could not be more relevant in a world struggling to deal with Covid-19. Scrambling against time, governments around the world have declared states of emergency and exercised a swathe of broad executive powers in an effort to manage this highly infectious disease. In times like these, if Schmitt is indeed right that emergencies cannot be governed by law, we are on the cusp of (or perhaps have already entered) a post-law world – where the business of government is characterised by …
Compensation For Abused Foreign Domestic Workers: A Problem Of Enforcement, Benjamin Joshua Ong
Compensation For Abused Foreign Domestic Workers: A Problem Of Enforcement, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In Tay Wee Kiat v Public Prosecutor [2018] 5 SLR 438; [2019] 5 SLR 1033, two offenders who had abused a foreign domestic worker had been ordered to pay her compensation, on pain of a default term of imprisonment. When they failed to pay, the Prosecution applied for the compensation order to be enforced by way of attachment of the offenders’ property or garnishment of debts due to the offenders (“garnishment/attachment orders”). The High Court refused to make garnishment/attachment orders on the grounds that (a) the Prosecution had applied for such orders belatedly; and (b) such orders would lead to …
Forum: Some Misconceptions About The Revocation Of Work Passes, Benjamin Joshua Ong
Forum: Some Misconceptions About The Revocation Of Work Passes, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
Several work pass holders, including both blue- and white-collar workers, have recently had their work passes revoked after they breached safe distancing rules.
Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti
Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti
Research Collection Yong Pung How School Of Law
The narrative of Chinese real estate investors in some western jurisdictions reads like this: China has in recent decades, enjoyed burgeoning wealth creation across all strata in society. Chinese buyers are attracted to a ‘westernised’ education for their children, an agreeable and law-abiding civic society all whilst living in a clean and pleasant environment. Western real estate markets are seen as safe havens and bringing about portfolio diversification. This flood of Chinese wealth has impacted residential housing markets resulting in locals being outpriced. To combat unaffordability and housing shortages, governments have had no choice but to impose regulatory measures preventing …
Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong
Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The issue of a legislative response to falsehoods first drew public attention when the Select Committee on Deliberate Online Falsehoods held its public hearings. This public attention was renewed when the Protection from Online Falsehoods and Manipulation Act (“POFMA”), in Bill form, was unveiled. Questions arose among both the public and MPs about whether POFMA would grant the Government power to stifle academic research, journalism, or the expression of opinion, as well as whether it would be difficult for an individual to seek recourse against an allegedly wrongly made Direction.This post focuses not with the substance of these issues (important …
Glocalised Constitution-Making In The Twenty-First Century: Evidence From Asia, Maartje De Visser, Bui Ngoc Son
Glocalised Constitution-Making In The Twenty-First Century: Evidence From Asia, Maartje De Visser, Bui Ngoc Son
Research Collection Yong Pung How School Of Law
How have Asian nations conducted, or how are they conducting, constitution-making in the face of pressures associated with globalization, and how do they balance those forces with domestic interests and realities? This article aims to develop an analytical framework that can capture this global-local interplay. It introduces the concept of “glocalized constitution-making” to denote the co-existence and relationship between the two governance levels as manifested in the forces, actors and norms pertaining to the process of drafting a new constitution as well as its substance. Glocalization permeates the entirety of a constitution-making episode, from the impetus to initiate the process, …
Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong
Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
Protection from Online Falsehoods andManipulation Act (Pofma), some criticised it for being too vague. Pofma contains words and phrases whose meaning is not explicitlyclear, e.g. statements that are “falseor misleading”, but does not define “misleading”. But case law gives us aclearer understanding of what “misleading” means
Government Funding Of Town Councils: The Role Of Private Law, Benjamin Joshua Ong
Government Funding Of Town Councils: The Role Of Private Law, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
Section 42 of theTown Councils Act (Cap 329A, 2000 Rev Ed) provides for the Government toprovide grants to Town Councils “subject to such conditions as theMinister may determine”. The imposition of such conditions can beuseful in theory. However, there is no clear mechanism by which suchconditions may be enforced. This article proposes that this lacuna befilled as follows: such conditions are to take the form of private-lawrelationships between the Government and Town Councils. After outliningthe benefits of this proposal, the article critiques the Court of Appeal’sdecision in a 2016 case which held that such private-lawrelationships cannot exist as a matter …
Tackling Elder Abuse: State Intervention Under Singapore's Vulnerable Adults Act, Wing Cheong Chan
Tackling Elder Abuse: State Intervention Under Singapore's Vulnerable Adults Act, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
Abuse and neglect of adults raise complex issues on the freedom of the individual to choose for themselves versus the powers of the State to intervene. The law has traditionally limited the scope of compulsory intervention to extreme situations only which can frustrate social workers who deal with such cases. On the other hand, it would be unacceptable to allow intervention simply because it is assessed to be in the adults' best interests. A balance therefore has to be struck between autonomy and protection. This paper examines how Singapore's Vulnerable Adults Act identifies the point for intervention and embodies safeguards …
An Analysis Of St. Thomas Aquinas’S Position On The Relationship Between Justice And Legality, Wei Yao, Kenny Chng
An Analysis Of St. Thomas Aquinas’S Position On The Relationship Between Justice And Legality, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
This paper is directed at a deep investigation of Thomas Aquinas's position on the relationship between justice and legality, a perennial debate in legal philosophy - are unjust laws laws at all? Modern natural law theorists taking contradictory positions all claim to be faithful to Aquinas's ideas on the matter. Yet, they cannot all be correct. This paper aims to discern Aquinas's true position on the matter by undertaking a detailed study of Aquinas's Treatise on Law, the broader context of the Summa Theologiae within which the Treatise is situated, and Aquinas's methodological and definitional approaches.
Corporal Punishment Of Children By Parents: Is It Discipline Or Violence And Abuse?, Wing Cheong Chan
Corporal Punishment Of Children By Parents: Is It Discipline Or Violence And Abuse?, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
Physical punishment is still used as a means of child discipline by Singaporean parents. Is there a difference between such use of violence and abuse of children which is punishable as a criminal offence? What does Singapore and international law say about the use of punitive force on children by parents and other adults who act in loco parentis? This article argues that there is in fact sufficient evidence that Singapore law implicitly prohibits corporal punishment of children by their parents.
Public And Private Enforcement Of Corporate And Securities Laws: An Empirical Comparison Of Hong Kong And Singapore, Wai Yee Wan, Christopher C. H. Chen, Say Hak Goo
Public And Private Enforcement Of Corporate And Securities Laws: An Empirical Comparison Of Hong Kong And Singapore, Wai Yee Wan, Christopher C. H. Chen, Say Hak Goo
Research Collection Yong Pung How School Of Law
No abstract provided.
Should Commercial Surrogacy Be Legalised?, Seow Hon Tan
Should Commercial Surrogacy Be Legalised?, Seow Hon Tan
Research Collection Yong Pung How School Of Law
Does Singapore condone commercial surrogacy? Thisquestion is in the limelight with a court judgment on a Singaporean doctor'sbid to adopt a boy he fathered through a commercial surrogacy arrangement inthe United States.
Masking Neo-Liberal Development: Polanyi, Rule Of Law And Dis-Embedding Dynamics, Mark Findlay
Masking Neo-Liberal Development: Polanyi, Rule Of Law And Dis-Embedding Dynamics, Mark Findlay
Research Collection Yong Pung How School Of Law
Purpose: Polanyi in his analysis of market dis-embedding suggests a drift in economic relations from the social to the fictitious. The purpose of this paper is to add two crucial components to the dis-embedding dynamic: rule of law discourse as a market force away from the social, and through suspension of imagination and of disbelief, the incongruous compatibility of actual and fictional markets that further works against embedding.Design/methodology/approach: Theory building through the application and testing of the Polanyian market dis-embedding analysis is a central concern for the paper. Through the example of foreign direct investment (FDI) and the manner in …