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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)

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

Associate Professor Chan Wing Cheong, Amaladass Fellow of the National University of Singapore Faculty of Law, is a founding member of the Asian Criminological Society. His research interests lie in criminal law and family law and in recent years have extended to child law, victims of crime and elder law. He is a regular speaker at conferences and forums on criminal law and family law and has written extensively on these subjects.

Professor Michael Hor teaches criminal law and administration of criminal justice at the National University of Singapore Faculty of Law. His research interests lie in criminal evidence, procedure and law, and Constitutional due process. He was formerly the Chief Editor of the Singapore Journal of Legal Studies, and is a member of the editorial committee of the Singapore Academy of Law Journal and the Singapore Law Review.

Contents

Articles by
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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Articles
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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