SAL Journal 2017 Special Issue (Public Law Doctorine)

This issue discusses the following topics:

(a) the applicability of the basic structure doctrine in Singapore;

(b) the principle of legality and its potential to further extend the scope of reviewability as well as justify a more robust approach to judicial review;

(c) the three political question doctrines in Hong Kong and their inconsistent applications;

(d) the diversity of approaches to using constitutional history in constitutional interpretation and its practice across selected Asian constitutional systems;

(e) the importance of understanding the political context in which public law doctrines operate;

(f) a proposition for Singapore judges to reconsider their doctrinal approach to rights protection, with reference to approaches of other Asian jurisdictions;

(g) the autochthonous jurisprudence development of judicial review in Singapore in terms of curial deference;

(h) the two main ways in which Singapore courts have localised administrative law and a third possible way which promotes co-equality between government branches;

(i) the phasing out of legitimate expectation and march towards a new practical fairness test in Australian administrative law;

(j) the genesis of “the people" as an Australian constitutional touchstone;

(k) how the different consequences flowing from comparing:

(i) the separation of the executive and legislative branches; and

(ii) the separation of the political branches from the judicial branch,

may prevent the application of a thorough-going separation of powers in Australia, and more; and

(l) the need for constitutions to take into account and bring all legitimate forms of power within a polity.

Articles

1. Introduction

2. Basic Structure and Supremacy of the Singapore Constitution

3. “All Power Has Legal Limits”: The Principle of Legality as a Constitutional Principle of Judicial Review

4. Exploring the Political Question Doctrines in Hong Kong

5. Comparative Originalism in Constitutional Interpretation in Asia

6. Walking the Tightrope between Legality and Legitimacy: Taking Rights Balancing Seriously

7. Proportionality and Rights Protection in Asia: Hong Kong, Malaysia, South Korea, Taiwan – Whither Singapore?

8. Curial Deference in Singapore Public Law: Autochthonous Evolution to Buttress Good Governance and the Rule of Law

9. Localising Administrative Law in Singapore: Embracing Inter-branch Equality

10. The Triumph of Practical Fairness over Legitimate Expectation in Australian Administrative Law

11. “The People” as a Source of Constitutional Principle: The Australian Constitution and the Contours of Representative Government

12. Separation of Powers in the Australian Constitution: Themes and Reflections

13. Law, Legitimacy and Separation of Powers