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Fettering Of Discretion In Singapore Administrative Law
Fettering of discretion by a public authority is one of the grounds of judicial review in Singapore administrative law. It is regarded as a form of illegality. An applicant may challenge a decision by an authority on the basis that it has either rigidly adhered to a policy it has formulated, or has wrongfully delegated the exercise of its statutory powers to another body. If the High Court finds that a decision-maker has fettered its discretion, it may hold the decision to be ''ultra vires'' – beyond the decision-maker's powers – and grant the applicant a suitable remedy such as a quashing order to invalidate the decision. It is not wrong for a public authority to develop policies to guide its decision-making. Neither will it necessarily be considered to have fettered its discretion by adhering to such policies, as long as it approaches decisions with an open mind and is willing to give genuine consideration to each case at hand. It has been noted that by endorsing its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies 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, the South China Sea to the east, and the Straits of Johor to the north. The country's territory is composed of one main island, 63 satellite islands and islets, and one outlying islet; the combined area of these has increased by 25% since the country's independence as a result of extensive land reclamation projects. It has the third highest population density in the world. With a multicultural population and recognising the need to respect cultural identities of the major ethnic groups within the nation, Singapore has four official languages: English, Malay, Mandarin, and Tamil. English is the lingua franca and numerous public services are available only ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Singapore Tourism Board
The Singapore Tourism Board (STB) is a statutory board under the Ministry of Trade and Industry of the Government of Singapore The Government of Singapore is defined by the Constitution of Singapore to mean the executive branch of the state, which is made up of the president and the Cabinet. Although the president acts in their personal discretion in the exercise ..., tasked to promote the country's tourism industry. History The board was first established on 1 January 1964 and was called the Singapore Tourist Promotion Board ( Abbreviation: STPB). In that year, there were 91,000 visitors. The primary task of STPB was to coordinate the efforts of hotels, airlines and travel agents to develop the fledgling tourism industry of the country. Later, STPB began to initiate new marketing ideas to promote Singapore's image abroad. The board created the Merlion, a symbol based on a Singapore mythical legend, that became an icon of the Singapore destination. The board has ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Singapore Cruise Centre 2010
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies 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, the South China Sea to the east, and the Straits of Johor to the north. The country's territory is composed of one main island, 63 satellite islands and islets, and one outlying islet; the combined area of these has increased by 25% since the country's independence as a result of extensive land reclamation projects. It has the third highest population density in the world. With a multicultural population and recognising the need to respect cultural identities of the major ethnic groups within the nation, Singapore has four official languages: English, Malay, Mandarin, and Tamil. English is the lingua franca and numerous public services are available only in Engl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secretary Of State (United Kingdom)
His Majesty's principal secretaries of state, better known as secretaries of state, are senior ministers of the Crown in the Government of the United Kingdom. Secretaries of state head most major government departments and make up the majority of the Cabinet of the United Kingdom. There are currently 16 secretaries of state. They are all also currently members of Parliament elected to the House of Commons, although it is possible for them to be members of the House of Lords. Legal position Under the Ministerial and other Salaries Act 1975, a maximum of 21 secretaries of state can receive a salary. Legislation generally refers simply to "the secretary of state" without further elaboration. By virtue of the Interpretation Act 1978, this phrase means "one of His Majesty’s Principal Secretaries of State". Despite there only being one secretary of state in law, in practice, each secretary of state will perforce stay within their own portfolio. Secretaries of state, like other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national security, policing and immigration policies of the United Kingdom. As a Great Office of State, the home secretary is one of the most senior and influential ministers in the government. The incumbent is a statutory member of the British Cabinet and National Security Council. The position, which may be known as interior minister in other nations, was created in 1782, though its responsibilities have changed many times. Past office holders have included the prime ministers Lord North, Robert Peel, the Duke of Wellington, Lord Palmerston, Winston Churchill, James Callaghan and Theresa May. In 2007, Jacqui Smith became the first female home secretary. The incumbent home secretary is Suella Braverman. The office holder works alongside ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Of England And Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales. The United Kingdom does not have a single unified legal system—England and Wales has one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland. Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law. The Court of Appeal, the High Court, the Crown Court, the County Court, and the magistrates' courts are administered by His Majesty's Courts and Tribunals Service, an exe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Audi Alteram Partem
(or ) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. "Audi alteram partem" is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or its lawyers to confront the witnesses against them, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly. History of use As a general principle of rationality in reaching conclusions in disputed matters, "Hear both sides" was treated as part of common wisdom by the ancient Greek dramatists. A similar principle can also be found in Islamic law, based on a ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Procedural Impropriety In Singapore Administrative Law
Procedural impropriety in Singapore administrative law is one of the three broad categories of judicial review, the other two being illegality and irrationality. A public authority commits procedural impropriety if it fails to properly observe either statutory procedural requirements, or common law rules of natural justice and fairness. The common law rules of natural justice consist of two pillars: impartiality (the rule against bias, or '' nemo judex in causa sua'' – "no one should be a judge in his own cause") and fair hearing (the right to be heard, or ''audi alteram partem'' – "hear the other side"). The rule against bias divides bias into three categories: actual bias, imputed bias and apparent bias. There are currently two formulations of the test for apparent bias, known as the "real likelihood of bias" test and the "reasonable suspicion of bias" test. Some controversy exists as to whether there is in fact any material difference in the two formulations. For a h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing ('' audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney-General Of Singapore
The attorney-general of Singapore is the public prosecutor of Singapore, and legal adviser to the Government of Singapore. The functions of the attorney-general are carried out with the assistance of the deputy attorney-general and the solicitor-general, through the Attorney-General's Chambers (AGC). The attorney-general is appointed by the president in concurrence with the prime minister's advice, under Article 35 of the Constitution of Singapore. Unlike some countries that follow the Westminster parliamentary model, the attorney-general is not a Member of Parliament (MP). The office of Attorney-General was established in 1867, when the British Crown appointed the attorney-general of the Straits Settlements, based in Singapore, to serve as legal adviser to the new Crown colony's government. Functions The attorney-general has two distinct roles, as the Government's legal adviser and as the Public Prosecutor, assisted by legal officers in the AGC's four divisions. Gover ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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