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Articles 2821 - 2850 of 2943

Full-Text Articles in International and Area Studies

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong Jan 1997

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong

Faculty Articles

Because law and religion are by themselves complex cultural and historical issues, any study of the interaction between the two will be at least as complicated. If one is to understand both a State's current re­ligio-legal regime and what reform measures are most likely to succeed there, it is necessary to understand at least a little of the nation's history and majority religion. Therefore, Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this dis­cussion and an overview of the history of both Israel and Iran. It explains why …

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Remedies Available For Breach Of Contract Under The Un Convention On Contracts For The International Sale Of Goods, Locknie Hsu Jan 1996

Remedies Available For Breach Of Contract Under The Un Convention On Contracts For The International Sale Of Goods, Locknie Hsu

Research Collection Yong Pung How School Of Law

This article, which is complementary to the previous one [(1996) 8 SAcLJ 104], examines in detail the remedies available under the UN Convention on Contracts for the International Sale of Goods, which recently came into force in Singapore. Where appropriate, brief comparisons are made with the remedies available under the Sale of Goods Act.

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Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee Jan 1996

Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Although medical examinations and samples taken from suspects' bodies in the course of police inquiries often lead to the discovery of important evidence, Singapore criminal procedure does not appear to empower the police to carry out such medical investigations. Neither does it safeguard the interests of suspects. It is submitted that the Criminal Procedure Code and other statutes should be brought up to date with modern science.

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Community Culture And Tradition: Maintaining Male Dominance In Conservative Institutions, Christine M. Venter Jan 1996

Community Culture And Tradition: Maintaining Male Dominance In Conservative Institutions, Christine M. Venter

Journal Articles

"The freer women are to share their gifts with society and to assume leadership in society, the better are the prospects for the entire human community to progress in wisdom, justice and dignified living ... " So argued Mary Ann Glendon, the Vatican delegate to the Fourth World Conference on Women in September, 1995. While Glendon's point is well taken, in many societies, including the Catholic Church which Glendon represented at the Conference, women often do not have the opportunity to choose their roles and share their gifts and talents with society in the manner they deem most appropriate. In …

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For Better Of For Worse: The Statutory Derivative Action In Singapore, Pearlie Koh Mar 1995

For Better Of For Worse: The Statutory Derivative Action In Singapore, Pearlie Koh

Research Collection Yong Pung How School Of Law

Managerial accountability (or the lack of it) to shareholders has been described as “one of the major socio-legal problems of the twentieth century”. That such a comment has come to be made seems inevitable given the fact that common law courts have consistently upheld, in the absence of fraud, the managerial authority of the Board against the shareholders in general meeting. The Directors have almost absolute authority to decide what is, in their opinion, in the commercial interests of the company. The concerns of shareholders are obvious in public companies where, for the sake of economic efficiency and as a …

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Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee Jan 1995

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 …

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Rediscovering The Constitution, Jack Tsen-Ta Lee Jan 1995

Rediscovering The Constitution, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The fundamental liberties in our Constitution involve a study of tensions: between an individual's rights and the community's interests, between the role of the judiciary on the one hand and the executive and legislature on the other. How we should interpret them depends on where we think equilibrium should be established. This depends on two main factors. The first is the proper function of the judiciary as laid down by our Constitution, which is discussed in Part I of this article. The second is the nature of our fundamental liberties, for they are worded with varying degrees of generality. ... …

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Frustration Of Contracts For The Sale Of Land In Singapore, Andrew B.L. Phang Jan 1995

Frustration Of Contracts For The Sale Of Land In Singapore, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The recent Singapore Court of Appeal decision of Lim Kim Som v. Sheriffa bah bte Abdul Rahman' is significant for at least two specific (and related) rea in the context of the doctrine of frustration: first, because it pertains to the m particular issue as to whether a contract for the sale of land can be frustrated; second, because it also raises certain significant questions with regard to m general aspects of the doctrine itself.

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Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Robert C. Beckman, Andrew B.L. Phang Dec 1994

Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Robert C. Beckman, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

One of the major controversies in the area of statutory interpretation has centred on the use of parliamentary materials as extrinsic aids by courts in interpreting legislation. The English courts long prohibited any reference to parliamentary materials.' Legislation was passed in Australia in the 1980s to allow liberal reference to parliamentary materials in the courts. More recently, a seminal decision of the House of Lords in 1992 in Pepper (Inspector of Taxes) v. Hart' introduced significant flexibility into the hitherto rigid proscription followed in the English courts, although it did not go as far as the legislative reforms in Australia. …

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The Bamboo Gulag: Human Rights In The People's Republic Of China, 1991-1992, Ta-Ling Lee, John F. Copper Jan 1994

The Bamboo Gulag: Human Rights In The People's Republic Of China, 1991-1992, Ta-Ling Lee, John F. Copper

Maryland Series in Contemporary Asian Studies

No abstract provided.

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Human Rights In The Middle East: An Overview Of The Last Decade, Hanny Megally Jan 1994

Human Rights In The Middle East: An Overview Of The Last Decade, Hanny Megally

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

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Human Rights In Egypt: The Cause, The Movement, And The Dilemma, Hani Shukrallah Jan 1994

Human Rights In Egypt: The Cause, The Movement, And The Dilemma, Hani Shukrallah

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

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Human Rights And Cultural Specificity: Some Reflections, Rachad Antonius Jan 1994

Human Rights And Cultural Specificity: Some Reflections, Rachad Antonius

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

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The United Nations And Human Rights, Larisa Gabriel Jan 1994

The United Nations And Human Rights, Larisa Gabriel

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

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Human Rights In Egypt: The Practical Experience, Naila Gabr Jan 1994

Human Rights In Egypt: The Practical Experience, Naila Gabr

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

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State, Society And Violations Of Human Rights In Egypt, Mustapha K. Al-Sayyid Jan 1994

State, Society And Violations Of Human Rights In Egypt, Mustapha K. Al-Sayyid

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

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The Roots Of Turmoil In The Egyptian Organization For Human Rights: Dynamics Of Civil Institution-Building In Egypt, Mohamed El Sayed Said Jan 1994

The Roots Of Turmoil In The Egyptian Organization For Human Rights: Dynamics Of Civil Institution-Building In Egypt, Mohamed El Sayed Said

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

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Us Foreign Policy And Human Rights In Egypt, Stephanie Ann Mulica Jan 1994

Us Foreign Policy And Human Rights In Egypt, Stephanie Ann Mulica

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

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The Arab Draft Charter For Human Rights, Mohamed Noman Galal Jan 1994

The Arab Draft Charter For Human Rights, Mohamed Noman Galal

Faculty Book Chapters

[abstract not provided]

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Introduction: Dealing With Human Rights In The Arab World, Dan Tschirgi Jan 1994

Introduction: Dealing With Human Rights In The Arab World, Dan Tschirgi

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

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The Human Rights Movement In Arab Countries: Problems Of Concept, Context And Practice, Nader Fergany Jan 1994

The Human Rights Movement In Arab Countries: Problems Of Concept, Context And Practice, Nader Fergany

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

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Reforms In Legislation Governing Judicial Organization In The Soviet Union And In Present-Day Russia: The New Law “On The Status Of Judges In The Russian Federation”, Jason Jeremy Kilborn Jan 1994

Reforms In Legislation Governing Judicial Organization In The Soviet Union And In Present-Day Russia: The New Law “On The Status Of Judges In The Russian Federation”, Jason Jeremy Kilborn

Presidential Scholars Theses (1990 – 2006)

Much scholarly work has been done in the area of Soviet-era law and legal procedure, and this paper attempts to make a continuing contribution to that effort in the new era of the Russian Federation. Drawing upon first-hand experience in the Kuibyshevskii court, this paper will attempt to shed some light on the recent reorganization of the judiciary in Russia by revealing and analyzing very recent changes in the new law concerning the status of judges in Russia. Along the way some speculations on the initial and continuing impact of these reforms on Russian criminal justice will be offered as …

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The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee Jan 1994

The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

It is ironic that Abdullah bin A Rahman v PP and Lim Choon Chye v PP were decided in the aftermath of the Birmingham Six, Guildford Four and Maguire Seven cases from the United Kingdom. As in these cases, Abdullah and Lim Choon Chye highlight a serious flaw in our criminal justice system: there appears to be no appropriate way to correct miscarriages of justice. The purpose of this case note is to set out the conclusions reached by the Court of Appeal and to suggest directions for the future.

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A Place For The Privileged Will, Jack Tsen-Ta Lee Jan 1994

A Place For The Privileged Will, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Most people consider the proper distribution of their property on death a vitally important matter. For those who are elderly, ill or engaged in risky occupations, it is often urgent to get such things settled fast. But some people may be in circumstances where they cannot comply with the formal requirements for a valid will. The law has long recognized this concern in the case of soldiers and sailors by allowing them to create privileged wills. Many jurisdictions, including Singapore, have legislation to this effect. This article seeks to determine if there remains a place for the privileged will today. …

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Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Andrew B.L. Phang, Andrew Phang Jan 1994

Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Andrew B.L. Phang, Andrew Phang

Research Collection Yong Pung How School Of Law

One of the major controversies in the area of statutory interpretation has centred on the use of parliamentary materials as extrinsic aids by courts in interpreting legislation. The English courts long prohibited any reference to parliamentary materials.' Legislation was passed in Australia in the 1980s to allow liberal reference to parliamentary materials in the courts.2 More recently, a seminal decision of the House of Lords in 1992 in Pepper (Inspector of Taxes) v. Hart' introduced significant flexibility into the hitherto rigid proscription followed in the English courts, although it did not go as far as the legislative reforms in Australia. …

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Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay Nov 1993

Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.

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Marxism And The Failure Of Environmental Protection In Eastern Europe And The U.S.S.R., Daniel H. Cole Jan 1993

Marxism And The Failure Of Environmental Protection In Eastern Europe And The U.S.S.R., Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

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Cementing The Foundations: The Singapore Application Of English Law Act 1993, Andrew B.L. Phang Jan 1993

Cementing The Foundations: The Singapore Application Of English Law Act 1993, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

After almost one hundred and seventy-five years since the founding of modern Singapore in 1819,' the Singapore Legislature2 has finally passed the Application ofEnglish LawAct i9933 to clarify the application of English law in the island republic. Prior to the AELA, there were numerous areas of uncertainty with regard to both the general as well as the specific reception of English law that led to a plethora of literature but little else.

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Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie Oct 1992

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.

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Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay Jul 1992

Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay

Research Collection Yong Pung How School Of Law

While the constitutional injunction to independence is general, specific legislative provisions do not directly preclude the overall governance of the Party. In fact, the initial articles of the 1982 Constitution celebrate the 'dignity of the socialist legal system' (Article 5), and as the preamble confirms, the construction and maintenance of Chinese socialism remains under the leadership of the Communist Party of China. Therefore it might be argued that the protection of judicial power from the 'interference by administrative organs, public organisations or individuals' (Article 126) does not envisage the intervention of the Party.

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