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Articles 1 - 15 of 15
Full-Text Articles in Law
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Research Collection Yong Pung How School Of Law
The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …
Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif
Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif
Research Collection School of Social Sciences
This article begins by seeking an explanation for the solidarity between Malay inmates and guards in perpetrating abusive and discriminatory treatment towards Malay transvestites. In the course of explaining an empirical phenomenon in the Singapore prison, this article has examined Singapore's history and ethnic demography, the ethnic Malay minority's lack of socio-economic development and modernisation vis-a-vis the ethnic Chinese majority, geo-politics, the ideology and strategic choices of the state's political elite and their implications for inter-ethnic interactions between Malays and Chinese. As this article will argue, prison culture, rather than being divorced from larger society, is in effect able to …
A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh
A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh
Research Collection Yong Pung How School Of Law
In 1993, the Singapore Parliament enacted legislative provisions adapted from Australian legislation directing, inter alia, that the courts apply the purposive approach in statutory interpretation. Those provisions also allowed for the extended use of extrinsic materials in the interpretative process. Fifteen years on, there is now a considerable body of Singapore case law to which a meaningful analysis may be undertaken. Indeed, from an initially cautious application of the enacted legislation, the courts began to read the enactments expansively, eventually providing for a statutory interpretation regime that is largely free of the confines of old. Nonetheless, the Singapore position does …
The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson
The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson
Research Collection School of Social Sciences
No abstract provided.
The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo
The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what …
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam
Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
On 13 January, the Pakistan Bar Council (PBC) voted to end the continuous boycott of judges who swore oath's under the country's Provisional Constitution Order and to instead substitute "a complete boycott of the superior judiciary every Thursday and a one-hour token strike on a daily basis." Predictably, the decision created a furor: for many, it was a sell-out. Both the Lawyers National Action Committee (LNAC) and the Supreme Court Bar Association (SCBA) quickly denounced the decision as "contradictory" and "against the spirit of the lawyers' sacrifices." The provincial bar councils, the high court bar associations and the district bar …
Are De Jure Labor Laws Absolute? Formal Manufacturing In India, Gurmeet Singh Ghumman
Are De Jure Labor Laws Absolute? Formal Manufacturing In India, Gurmeet Singh Ghumman
Dissertations and Theses Collection (Open Access)
We investigate the view that de facto labor market conditions are important in evaluating the effects of labor institutions in developing countries where enactment does not necessarily imply enforcement. Using India as a case study we empirically investigate the effects of labor markets on the organized manufacturing sector from 1970 to 1997. Recognizing that the state can intervene in the outcome of labor disputes we construct a measure to proxy the degree of the state legislature's prejudice towards pro-worker causes. We argue that leftist and communist political parties can interfere in the resolution of disputes in favor of workers through …
Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro B. Barros
Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro B. Barros
Research Collection Yong Pung How School Of Law
No abstract provided.
Resisting The Socialist Fetish, Shubhankar Dam
Resisting The Socialist Fetish, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
Balancing Competing Interests In Bankruptcy: Discharge By Certificate Of The Official Assignee In Singapore, S. Chandra Mohan
Balancing Competing Interests In Bankruptcy: Discharge By Certificate Of The Official Assignee In Singapore, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
After more than a hundred years, Singapore made major reforms to its bankruptcy laws in 1995. These changes attracted considerable public interest, with the Government taking pains to emphasise that the new law was designed to strike a balance between the interest of the debtor, the creditor and society. The greatest scrutiny of the provisions, to determine whether in law and in practice the competing interests of debtors and creditors could effectively be balanced, was in respect of the discharge provisions. In this article, the writer, who was then the Official Assignee, discusses how the novel remedy of discharge by …
Civil Liabilities For False Or Misleading Statements Made By Listed Companies To The Securities Markets In Singapore, Wai Yee Wan
Civil Liabilities For False Or Misleading Statements Made By Listed Companies To The Securities Markets In Singapore, Wai Yee Wan
Research Collection Yong Pung How School Of Law
This article examines the scope and efficacy of the civil remedies available to investors against listed companies which have made false or misleading statements in the secondary securities market in Singapore, both at common law and the statutory compensation scheme under the Securities and Futures Act. It argues that there are a number of limitations faced by such investors in bringing claims founded in tort law against the listed companies. While the statutory compensation scheme attempts to improve the position of investors, there are a number of deficiencies in the scheme the most significant of which is the ceiling on …
A Union Of Gender Equality And Pragmatic Patriarchy: International Marriages And Citizenship Laws In Singapore, Eugene K. B. Tan
A Union Of Gender Equality And Pragmatic Patriarchy: International Marriages And Citizenship Laws In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
As a patriarchal society, government policies, societal norms and government regulations in Singapore mirror that normative ideal. Citizenship status and rights along gender lines, manifested in the legal recognition of children of international marriages, reflected this reality for much of Singapore's independence. However, the onslaught of globalization, the rise in international marriages, disconcerting declining birth rates, and an acceptance of 'foreign talent' have given the economic imperative and demographic impulse to grant citizenship (by descent) to a person born outside Singapore whose father or mother is a citizen of Singapore, by birth, registration or descent. Previously, such a person would …
The Asean Charter As "Legs To Go Places": Ideational Norms And Pragmatic Legalism In Community Building In Southeast Asia, Eugene K. B. Tan
The Asean Charter As "Legs To Go Places": Ideational Norms And Pragmatic Legalism In Community Building In Southeast Asia, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The Charter of the Association of Southeast Asian Nations (ASEAN) has been hailed as a legal instrument that would integrate the ten constituent members as a community and a regional organization. Ostensibly, the Charter has three strategic thrusts in support of the vision of the ASEAN Community. The first is to formalize ASEAN as an institution while streamlining its decision-making processes. Secondly, the Charter seeks to strengthen ASEAN institutions. Thirdly, it seeks to establish mechanisms to monitor compliance and settle disputes. The article considers the extent to which the Charter will help ASEAN achieve its aims. This is especially pertinent …