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Articles 61 - 76 of 76
Full-Text Articles in Public Law and Legal Theory
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The proposed research will examine Singapore’s response to terrorism post September 11, in particular the maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a ‘conflict of civilization’ between the Muslim world and the modern world. Islamist attacks in Madrid and London have since brought increased urgency to the question of how to contain or moderate Islamic radicalism among …
The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan
The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan
Research Collection Yong Pung How School Of Law
This is an essay on judicial discourse in Singapore and Malaysia pertaining to the nature and scope of the right of access to justice, including access to justice for the poor. We will examine the statements and pronouncements by the Singapore and Malaysia judiciary in case precedents and extra-judicial statements. Some of the issues explored include the legal status of this right of access to justice (namely, whether it is a right enshrined in the constitution or merely a right derived from the common law and whether it is qualified by economic and other interests) and the associated rights of …
The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam
The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam
In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam
The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
Pakistani Supreme Court And Constitutional Space, Shubhankar Dam
Pakistani Supreme Court And Constitutional Space, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
In certain jurisdictions, among them Malaysia, Singapore, and the United States, the practice of consulting comparative legal materials in interpreting domestic bills of rights has been criticized as illegitimate. This article examines four main concerns: (1) the texts of bills of rights -- the argument that a bill of rights is to be interpreted within its own four walls and not in the light of analogies drawn from other jurisdictions; (2) national identity -- the argument that a bill of rights embodies the values of a nation's people, and it is wrong to refer to foreign experiences to determine such …
Of Dreams And Bubbles: Right-Sizing Home Ownership, Tan K. B. Eugene
Of Dreams And Bubbles: Right-Sizing Home Ownership, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Is public housing now seen more as a consumption good or investment good? And with all that has been said about an 'asset ,bubble', should we be worrying about an 'expectations trap' instead? Assistant Professor Eugene Tan and Associate Professor Sing Tien Foo give their take on what the changes augur.
China’S Legal Battles In The Wto, Henry S. Gao
China’S Legal Battles In The Wto, Henry S. Gao
Research Collection Yong Pung How School Of Law
For many observers, a major practical question raised by China’saccession to the WTO is the following: Can the DSScopewithChina? On the one hand, there is alegalistic rule-based disputesettlement system, which has been regarded by some aS the“crown-jewel of the WTO” as well as “the most important
Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo
Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
This note argues that because there is a legal distinction between the public policy defence to the enforcement of foreign judgments under the common law and the corresponding defence in the Reciprocal Enforcement of Commonwealth Judgments Act, the prohibition against the enforcement of foreign wagering transactions under Singapore law is no longer founded on public policy.
Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan
Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan
Research Collection Yong Pung How School Of Law
Conditional fee agreements are currently prohibited in Singapore. The Singapore courts still adhere to the public policy considerations expressed in the English common law which proscribe maintenance and champerty. However, the United Kingdom as well as Ontario (Canada) and Australia have recently ‘departed’ from the old system prohibiting conditional fee agreements. It is thus timely for Singapore to re-examine the public policy arguments against conditional fee agreements and inquire whether a conditional fee based system ought to be introduced. Apart from the above jurisdictions, lessons will also be drawn from the problems and issues faced by the US and the …
Peoples Union For Civil Liberties V Union Of India: Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
Peoples Union For Civil Liberties V Union Of India: Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for …
Illegality And Public Policy, Boon Leong, Andrew Phang
Illegality And Public Policy, Boon Leong, Andrew Phang
Research Collection Yong Pung How School Of Law
No abstract provided.
"The Concept Of Law" Revisited, Andrew B.L. Phang
"The Concept Of Law" Revisited, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
On any view, Hart is one of (if not the) leading jurists in Anglo-American legal philosophy this century. His central work, The Concept of Law,' is prescribed reading in virtually every jurisprudence course around the world. He has also been involved in the most famous debates in Anglo-American legal philosophy: the Hart-Fuller debate on the separation of law from morality; 2 the Hart-Devlin debate on the enforcement of morals;3 and the Hart-Dworkin debate on judicial discretion 4 -and it ought to be mentioned that it was precisely these debates that forced all three of these jurists to construct their own …
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …