Constitutional and Administrative Law: Cases, Materials and Commentary Digital

With the growing maturation of Singapore public law and divergent developments in Malaysia, this fourth edition of what was formerly Constitutional Law in Malaysia and Singapore has been renamed Constitutional and Administrative Law in Singapore: Cases, Materials and Commentary to reflect its new jurisdiction specific focus. It contains six new chapters on administrative law covering the theory, scope and principles of judicial review, rule-making and standing, dealing with all major Singapore cases. This fourth edition has been thoroughly updated to take into account all major developments that have transpired since the last edition.

Like its previous iterations, this volume situates the study of public law within the political and socio-historical context that shapes how principles and rules of law develop. It retains its commitment to providing the reader with a comprehensive, accessible grounding in public law in terms of basic principles, institutional design and fundamental liberties, while providing materials that engage with the theoretical and conceptual aspects of constitutionalism, with comparative contrasts. The authors have provided questions to stimulate critical thinking through the materials and generous references for those wishing to dig deeper into a particular topic.

Written and curated by two scholars whose combined teaching experience span six decades, this work provides an authoritative, wide-ranging guide to understanding all aspects of the Singapore Constitution.

Contents

Chapter 1            The Rise of Constitutionalism and Constitutional Law

Chapter 2            The Constitutional Development of Singapore

Chapter 3            Supremacy of the Constitution and Constitutional Amendments

Chapter 4            Special Powers Against Subversion and Emergency Powers

Chapter 5            The Legislature

Chapter 6            The Executive

Chapter 7            The Attorney-General

Chapter 8            The Public Service

Chapter 9            The Judiciary

Chapter 10          Constitutional Interpretation

Chapter 11          Fundamental Liberties and Human Rights: An Introduction

Chapter 12          Protection of Life and Liberty

Chapter 13          Protection Against Retrospective Criminal Laws

Chapter 14          Protection Against Double Jeopardy

Chapter 15          Rights of the Accused Person

Chapter 16          The Right to Equality and Equal Protection

Chapter 17          Freedom of Speech, Assembly and Association

Chapter 18          Freedom of Religion

Chapter 19          Introduction to Administrative Law and the Scope of Jurisdictional Review

Chapter 20          Substantive Review: Illegality, Irrationality, Proportionality and Substantive Legitimate Expectation

Chapter 21          Procedural Impropriety

Chapter 22          Subsidiary Legislation and Informal Rule-Making

Chapter 23          Scope of Judicial Review

Chapter 24          Locus Standi, Remedies and Limits on Judicial Review

Author(s)/Editor(s)/Contributor(s):

Kevin Y L Tan is one of Singapore’s leading constitutional law scholars and legal historians. He is the author and editor of over 50 books on the law, history and politics of Singapore, including Constitutionalism in Asia (Hart, 2014); The Singapore Constitution: A Contextual Analysis (Hart, 2015); and Constitutional Foundings in Southeast Asia (Hart, 2019). He is currently Adjunct Professor at the Faculty of Law, National University of Singapore and Visiting Professor at the S Rajaratnam School of International  Studies, Nanyang Technological University.. He is also Editor-in-Chief of the Asian Journal of Comparative Law.

Thio Li-ann is Provost Chair Professor at the Faculty of Law, National University of Singapore. She was a Nominated Member of the Singapore Parliament (2007–2009). She teaches and researches in the field of constitutional and administrative law (Singapore and comparative), human rights in Asia and public international law. She is author of A Treatise on Singapore Constitutional Law (Academy Publishing, 2012) , and currently Chief Editor of the Singapore Journal of Legal Studies, an Advisory Board Member of the Max Planck Encyclopedia of Comparative Constitutional Law and, with Kevin Y L Tan, Co-Editor of the Hart book series, Constitutionalism in Asia.