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Rendel Constitution
The Constitution of the Republic of Singapore is the supreme law of Singapore. A written constitution, the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Federal Constitution of Malaysia made applicable to Singapore by the , and the Republic of Singapore Independence Act itself. The text of the Constitution is one of the legally binding sources of constitutional law in Singapore, the others being judicial interpretations of the Constitution, and certain other statutes. Non-binding sources are influences on constitutional law such as soft law, constitutional conventions, and public international law. In the exercise of its original jurisdiction – that is, its power to hear cases for the first time – the High Court carries out two types of judicial review: judicial review of legislation, and judicial review of administrative acts. Although in a 1980 case the Privy Council held that the fundamen ...
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Singapore
Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bordering the Strait of Malacca to the west, the Singapore Strait to the south along with the Riau Islands in Indonesia, the South China Sea to the east, and the Straits of Johor along with the State of Johor in Malaysia to the north. In its early history, Singapore was a maritime emporium known as '' Temasek''; subsequently, it was part of a major constituent part of several successive thalassocratic empires. Its contemporary era began in 1819, when Stamford Raffles established Singapore as an entrepôt trading post of the British Empire. In 1867, Singapore came under the direct control of Britain as part of the Straits Settlements. During World ...
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Public International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ...
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Reading (legislature)
A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, or failing to become, legislation. Some of these readings may be formalities rather than actual debate. Legislative bodies in the United States also have readings. The procedure dates back to the centuries before literacy was widespread. Since many members of Parliament were illiterate, the Clerk of Parliament would read aloud a bill to inform members of its contents. By the end of the 16th century, it was practice to have the bill read on three occasions before it was passed. Preliminary reading In the Israeli Knesset, private member bills do not enter the house at first reading. Instead, they are subject to a preliminary reading, where the members introducing the bill present it to the Knesset, followed by a debate on the general ou ...
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Parliamentary Sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. Changes to the constitution typically require a supermajority, often two thirds of votes instead of one half. In some countries, parliamentary sovereignty may be contrasted with separation of powers and constitutionalism, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. States that have sovereign legislatures include: the United King ...
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Law Of Singapore
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law in Singapore, administrative law, contract, contract law, equity (law), equity and trust law#United Kingdom, trust law, property law and tort, tort law – are largely #Judicial precedents, judge-made, though certain aspects have now been modified to some extent by statutes. However, other areas of law, such as criminal law of Singapore, criminal law, Corporations law, company law and family law of Singapore, family law, are largely #Legislation, statutory in nature. Apart from referring to relevant Singaporean cases, judges continue to refer to English case law where the issues pertain to a traditional common-law area of law, or involve the interpretation of Singaporean statutes based on English enactments or English statutes applicable in Singapore. In more recent times, there is also a greater tendency to consider decisions of important Commonwealth ...
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Albert Venn Dicey
Albert Venn Dicey, (4 February 1835 – 7 April 1922) was a British Whig jurist and constitutional theorist. He is most widely known as the author of '' Introduction to the Study of the Law of the Constitution'' (1885). The principles it expounds are considered part of the uncodified British constitution. He became Vinerian Professor of English Law at Oxford, one of the first Professors of Law at the LSE Law School, and a leading constitutional scholar of his day. Dicey popularised the phrase "rule of law", although its use goes back to the 17th century. Biography Dicey was born on 4 February 1835. His father was Thomas Edward Dicey, senior wrangler in 1811 and proprietor of the '' Northampton Mercury'' and Chairman of the Midland Railway. His mother was Annie Marie Stephen, daughter of James Stephen, Master in Chancery. Per his own words, Dicey owed everything to the wisdom and firmness of his mother. His elder brother was Edward James Stephen Dicey. He was also a cousi ...
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Purposive Approach
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in '' Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. Princeton University Press (New Jersey), 2005, p. 88 Barak states that the ...
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Presumption Of Constitutionality
In constitutional law, the presumption of constitutionality is the legal principle that the judiciary should presume statutes enacted by the legislature to be constitutional, unless the law is clearly unconstitutional or a fundamental right is implicated.Gillian E. Metzger & Trevor W. Morrison, "The Presumption of Constitutionality and the Individual Mandate" in ''The Health Care Case: The Supreme Court's Decision and Its Implications'' (eds. Nathaniel Persily, Gillian E. Metzger & Trevor W. Morrison: Oxford University Press, 2013), p. 136. United States In its strongest form—advocated most notably by James Bradley Thayer—the presumption of constitutionality gives Congress, rather than the courts, the primary responsibility for interpreting the Constitution. This view is in tension with the view of judicial review articulated in '' Marbury v. Madison'', however. Thus, a less strong form of the presumption, repeatedly articulated by the Supreme Court of the United States ...
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Judicial Deference
Judicial deference is the condition of a court yielding or submitting its judgment to that of another legitimate party, such as the executive branch in the case of national defense. It is most commonly found in countries, such as the United Kingdom, which lack an entrenched constitution, as the essential purpose of such documents is to limit the power of the legislature. United Kingdom In ''Regina v. Director of Public Prosecutions Ex Parte Kebeline and Others'' 999 Lord Hope explained that courts should "defer, on democratic grounds, to the considered opinion of the elected body as to where the balance is to be struck between the rights of the individual and the needs of society". Nevertheless, the doctrine has been criticised for representing a way in which the courts should act obediently to the British Parliament to uphold the doctrine of parliamentary sovereignty. However, any suggestions that the House of Lords was being unduly servile to Parliament were overturned by ...
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Judicial System Of Singapore
Under the Constitution of Singapore, the judicial system of Singapore is divided into the Supreme Court which comprises the Court of Appeal and the High Court, and the subordinate courts, namely the State Courts and Family Justice Courts - collectively known as SG Courts. As one of the three branches of the Singapore government, the judiciary enforces and interprets the laws, ensuring that all are equal before the law and have access to justice. The judiciary is headed by the Chief Justice. Singapore practices the common law legal system, where the decisions of higher courts constitute binding precedent upon courts of equal or lower status within their jurisdiction, as opposed to the civil law legal system in continental Europe. The current criminal code was preceded by the Indian Penal Code which was adopted when Singapore was a Crown colony of the British Empire. History After gaining independence in 1965, following the Japanese Occupation, Singapore re-establishe ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constitu ...
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