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Author: Jaclyn L Neo
Publisher: Routledge
ISBN: 1317428099
Category : Law
Languages : en
Pages : 410
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Book Description
At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
Author: Jaclyn L Neo
Publisher: Routledge
ISBN: 1317428099
Category : Law
Languages : en
Pages : 410
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Book Description
At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
Author: Kevin YL Tan
Publisher: Bloomsbury Publishing
ISBN: 1782252681
Category : Law
Languages : en
Pages : 311
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Book Description
Singapore's Constitution was hastily cobbled together after her secession from the Federation of Malaysia in 1965. In the subsequent 50 years, the Constitution has been amended many times to evolve a Constitution like no other in the world. Outwardly, Singapore has a Westminster-type constitutional democracy, with an elected legislature, fundamental liberties and safeguards to ensure the independence of the judiciary. On closer inspection, the Constitution displays many innovative and unusual characteristics. Most notable among them are the various types of Members of Parliament that have been introduced since the mid-1980s, the office of the Elected President and the fact that there is no constitutional right to property. This volume seeks to explain the nature and context of these constitutional innovations in the context of a pluralistic, multi-ethnic state obsessed with public order and security. The volatile racial mix of Singapore, with its majority Chinese population nestled in a largely Malay/Islamic world, compels the state to search for ethnic management solutions through the Constitution to guarantee to the Malays and other ethnic minorities their status in the polity. In addition, it examines how the concept of the rule of law is perceived by the strong centrist state governed by a political party that has been in power since 1959 and continues to hold almost hegemonic power.
Author: Kevin YL Tan
Publisher: Marshall Cavendish International Asia Pte Ltd
ISBN: 981467785X
Category : Law
Languages : en
Pages : 292
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Book Description
Singapore inherited a Westminster-style constitution from the British who ruled the island for 140 years. Since Singapore’s independence in 1965, this constitution has been amended and augmented many times wherein unique institutions – such as the Elected Presidency and Group Representation Constitutions – were created. All these changes occurred against the backdrop of Singapore’s special geographical local, multi-ethnic population and vulnerability to externalities. This book features a collection of short essays describing and explaining 50 Constitutional Moments – major inflexion points in the trajectory of Singapore’s constitutional development. The authors have selected each of these ‘moments’ on the basis of their impact in the forging of the modern constitutional order. Starting in 1965, the book begins chronologically, from the ‘moment’ of Singapore’s expulsion from the Federation of Malaysia through the establishment of the Wee Chong Jin Constitutional Commission (1966) to the entrenchment of the sovereignty clause in the Constitution (1972) right through to the 2000s, with the Presidential Elections of 2011. In these easy-to-read essays, the reader is introduced to what the authors consider to be the most important episodes that have shaped the Singapore Constitution. These articles cover key events like President Ong Teng Cheong’s 1999 Press Conference and the 2001 Tudung controversy; constitutional amendments like the Maintenance of Religious Harmony Act (1990) and the introduction of Nominated Members of Parliament (1990); and seminal cases like Chng Suan Tze v Minister for Home Affairs (1989) and Yong Vui Kong v PP (2010 & 2015)) that have contributed to the sculpting of Singapore’s constitutional landscape.
Author: Kevin Tan
Publisher:
ISBN: 9789811496561
Category : Administrative law
Languages : en
Pages : 1542
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Book Description
Author: Kevin Tan
Publisher: NUS Press
ISBN: 9789971692131
Category : Justice, Administration of
Languages : en
Pages : 570
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Book Description
This is the second edition of the highly successful book first published in 1989. However, it has been extensively revised in content and updated: Eight out of 14 chapters are new including chapters such as The Constitutional Framework of Powers, Alternative Dispute Resolution, and The Singapore Legal System and International Law; and the law on all subjects has been updated.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Taylor & Francis Group
Publisher: Routledge
ISBN: 9781032082622
Category :
Languages : en
Pages : 276
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Book Description
Once a ceremonial position modelled after the constitutional monarchy in the United Kingdom, the office of the President of Singapore was transformed from an appointed to an elected one in 1991. As the head of state, but not the head of government, the elected President was to have additional discretionary powers involving the spending of financial reserves, appointment of high-ranking public servants, and certain ministerial powers to detain without trial. In 2016, a constitutional commission was convened to consider further reforms to the office and the elections process. This book explores Singapore's presidency, assessing how well it has functioned, discussing the rationales for an elected presidency, and evaluating the constitutional commission's recommendations for reforms, including the need for minority representation in the office. In doing so, the book provides important reflections on how the constitutional reform process raises crucial questions about the rule of law and the practice of constitutionalism in Singapore.
Author: Yvonne Tew
Publisher: Oxford University Press
ISBN: 0198716834
Category : Law
Languages : en
Pages : 273
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Book Description
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
Author: Li-ann Thio
Publisher: Routledge
ISBN: 113407123X
Category : Law
Languages : en
Pages : 402
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Book Description
This book presents a timely assessment of the impact of history, politics and economics in shaping the Singapore Constitution, going beyond the descriptive narrative, the authors will cast a critical eye over the developments of the last 40 years.
Author: Po Jen Yap
Publisher: OUP Oxford
ISBN: 019105593X
Category : Law
Languages : en
Pages : 273
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Book Description
In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes. The book focusses on how these novel judicial techniques can be applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review that offers a compelling alternative to legislative or judicial supremacy.
