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Full-Text Articles in Law

A Critical Assessment Of The Role Of The Venice Commission In Processes Of Domestic Constitutional Reform, Maartje De Visser Dec 2015

A Critical Assessment Of The Role Of The Venice Commission In Processes Of Domestic Constitutional Reform, Maartje De Visser

Research Collection Yong Pung How School Of Law

On January 26, 2014, an overwhelming majority of the National Constituent Assembly of Tunisia approved the country's new constitution. Drafted in the aftermath of the Tunisian revolution, the constitution received considerable international critical acclaim, regarding the manner in which the text had been drafted and adopted as well as its content, notably the entrenchment of a host of fundamental rights and liberties. Comparisons have inevitably been drawn with Egypt's new constitution and those of other Arab nations, with the Tunisian text hailed as one of the most progressive in the region, providing the foundations for a modern and credible democracy. …


We Built This City: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee Dec 2015

We Built This City: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

This article considers the extent to which the legal framework for making land use decisions in Singapore allows for public participation. It examines the issue from two angles: the creation and preservation of the built environment, and the transient use of public space. The first angle is discussed primarily from a heritage law viewpoint, focusing on planning law, compulsory acquisition law, and the legal regime for creating national monuments. As for the second angle, the article looks at how the use of common spaces for assemblies and processions is regulated. The foregoing are examined in the context of Edward Soja’s …


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 …


Juggling Centralized Constitutional Review And Eu Primacy In The Domestic Enforcement Of The Charter: A. V. B., Maartje De Visser Sep 2015

Juggling Centralized Constitutional Review And Eu Primacy In The Domestic Enforcement Of The Charter: A. V. B., Maartje De Visser

Research Collection Yong Pung How School Of Law

Let the letters in the title of the judgment not fool anyone as to the anonymity of the parties involved: the facts that can be gleaned from this and the relevant Austrian judgments (the Kazakhstani plaintiff was alleged to have kidnapped other Kazakhs and lived at various junctures in Austria and Malta) should provide enough information for anyone with rudimentary skills in operating search engines to unearth the sensational beginning and unexpected ending of the protagonist. Such details, unfortunately, belong in a blockbuster movie rather than an academic case note.


Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee Mar 2015

Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

This article surveys the use of foreign precedents in constitutional adjudication by the Supreme Court of Singapore for over a half century during the terms of the first three Chief Justices—Wee Chong Jin (1963–1990), Yong Pung How (1990–2006), and Chan Sek Keong (2006–2012)—and the first year in office of the fourth Chief Justice, Sundaresh Menon (2012–2013). It concludes that while judges have always cited foreign case law, they have only actually applied foreign cases where the wording of the Constitution and the constitutional arrangements in Singapore are fairly analogous to the constitutional texts and arrangements upon which the cases were …