Law Commons^™

Proportionality In Interpreting Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Proportionality In Interpreting Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam [Thuyết Cân Đối Trong Vấn Đề Giải Thích Các Quyền Về Hiến Pháp: So Sánh Giữa Canada, Liên Hiệp Các Vương Quốc Anh Và Singapore Và Kinh Nghiệm Cho Vìệt Nam], Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Few rights that are guaranteed by constitutions and bills of rights are expressed to be absolute. In many jurisdictions, the legislature is permitted to impose restrictions on rights for specified reasons and under particular conditions. However, constitutional or bill of rights text often do not expressly indicate how the courts should determine that applicants’ rights have been legitimately restricted. To this end, courts in jurisdictions such as Canada and the United Kingdom have adopted the European doctrine of proportionality. Essentially, this requires them to balance opposing types of public interests – the interest sought to be protected by the rights …

A Legal Backgrounder On By-Elections, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

The expulsion of Yaw Shin Leong, the Member of Parliament for Hougang Single Member Constituency, from the Workers’ Party has once again thrust the issue of the Singapore Government’s policy on by-elections into the limelight. This opinion piece considers whether the Government is right in taking the view that it has wide discretion to determine when, and if, to hold a by-election; and the possible consequences of an existing Non-constituency Member of Parliament (NCMP) standing as a candidate in a by-election.

Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE