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Articles 931 - 934 of 934
Full-Text Articles in Asian Studies
Theoretical Conundrums And Practical Solutions In Singapore Commercial Law: A Review And Application Of Section 5 Of The Civil Law Act, Andrew B.L. Phang
Theoretical Conundrums And Practical Solutions In Singapore Commercial Law: A Review And Application Of Section 5 Of The Civil Law Act, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Singapore plays an important role as a centre of trade and finance. For that reason, therefore, commercial law is arguably the most important branch of law in this island republic.
Of ‘Cut-Off’ Dates And Domination: Some Problematic Aspects Of The General Reception Of English Law In Singapore, Andrew B.L. Phang
Of ‘Cut-Off’ Dates And Domination: Some Problematic Aspects Of The General Reception Of English Law In Singapore, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This article deals with some problematic aspects of the general reception of English law in Singapore. It examines, first, the concept of the 'cut-off' date for statutes and the common law. The second substantive part deals with the concepts of suitability and modification, analysing their theoretical cogency as well as their application in the local context. The third and final part of the article examines the relationship between reception and stare decisis, indicating and examining potential contradictions as well as other allied issues.
Jury Trial In Singapore And Malaysia: The Unmaking Of A Legal Institution, Andrew B.L. Phang
Jury Trial In Singapore And Malaysia: The Unmaking Of A Legal Institution, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
THE main task of this article is to inquire into the reasons for the general decline and final abolition of the jury system 1 in Singapore.2 It also seeks to discover why the decline and fall of a major legal institution aroused so little public debate, let alone outcry. To this end, the focus must necessarily be historical, but, in the context of a nation still in the process of discovering its legal heritage, it is hoped that the account which follows will contribute in some small way towards the development of our legal
Stare Decisis In Singapore And Malaysia: A Sad Tale Of The Use And Abuse Of Statutes, Andrew B.L. Phang
Stare Decisis In Singapore And Malaysia: A Sad Tale Of The Use And Abuse Of Statutes, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
A study of the cases and literature with regard to stare decisis in Singapore and Malaysia will reveal at least one salient characteristic - the propensity, primarily of the Courts, to misread statutes and twist them (whether inadvertently or otherwise) in order to justify a particular conclusion. Ironically enough, at the end of the day, similar (though not identical) conclusions could have been reached without the need to resort to any particular statutory provision. In this short article, I shall not endeavour to retrace ground already well covered by others, but will set out, in rather summary form, further reflections …