SAL Journal 2013 Special Issue (Constitutionalism and Criminal Justice)
This issue features articles on: (a) the 1982 Canadian Charter of Rights and Freedoms and how it has changed the Canadian criminal justice system; (b) the factors which affect the Hong Kong Judiciary in its interpretation of the constitutional right to be presumed innocent and the right against self-incrimination; (c) how ideas of constitutionalism, rule of law and fundamental rights have contributed to the development of criminal law in India; (d) the vulnerability of suspects, accused and convicted persons whilst in custody in South Africa and the possible explanations for it including a social justice deficit and ambiguity in commitment to constitutional values; (e) how interaction with the European Court of Human Rights has shaped the way that UK courts, governments and Parliament have acted on criminal justice issues and vice versa; (f) fair treatment developments in transnational and international criminal law at the international level and how national actors should approach these developments; (g) the need to shape the extent of criminal liability by taking into consideration the moral foundations of criminal law in Singapore; (h) state of the law in Singapore on aspects of the right of silence and the right of access to a lawyer of a suspect who is in custody; and (i) the evolution of Singapore’s criminal process and hopes for the future.
Author(s)/Editor(s)/Contributor(s): Associate Professor Chan Wing Cheong and Professor Michael Hor (guest editors)
CPD Points : N/A
Journal
Journal Special Issue
Profiles of Author(s)/Editor(s)/Contributor(s):
Contents
1. Chan Wing Cheong and Michael Hor
2. Kent Roach
3. Johannes Chan SC
4. Shubhankar Dam
5. Pamela J Schwikkard
6. Liora Lazarus and Ryan Goss
7. Cheah Wui Ling
8. Chan Wing Cheong
9. Ho Hock Lai
10. Michael Hor
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1. Introduction – Constitutionalism and Criminal Justice
2. Canada’s Experience with Constitutionalism and Criminal Justice
3. Constitutional Protection of the Right to be Presumed Innocent and the Right against Self-incrimination – The Hong Kong Experience
4. Criminal Wrongs and Constitutional Rights – A View from India
5. Death in Democracy
6. Criminal Justice under the United Kingdom Human Rights Act – Dynamic Interaction between Domestic and International Law
7. Fair Treatment in Transnational and International Criminal Law – International Developments and National Relevance
8. No Punishment without Fault – Kindling a Moral Discourse in Singapore Criminal Law
9. The Privilege against Self-incrimination and Right of Access to a Lawyer – A Comparative Assessment
10. The Future of Singapore’s Criminal Process
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