Constitutional and Administrative Law: Cases, Materials and Commentary
Authors: Kevin YL TAN and Thio Li-ann
Date of Publication: February 2021
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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.
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
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.