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441.  JULY 2006 Issue
p.108

Unburdening the Constitution: What has the Indian Constitution got to do with Private Universities, Modernity and Nation-States?
Dam, Shubhankar  •  [2006] Sing JLS 108 (Jul)
This article critically analyses the decision of the Indian Supreme Court in Yashpal and another v. State of Chhattisgarh and others holding the establishment of private universities as unconstitutional. Swayed by the overwhelmingly irresponsible character of the respondent universities, the Supreme Court innovated constitutional arguments to uphold the claims of the petitioners. While intuitively correct in the context of the immediate facts, the judgment, when analysed in the abstract, reveals the self-inflicted harm it has the potential to cause. The judgment is technologically regressive: it fails to account for the emerging trends in education, especially those related to the use of technology and in particular about the emergence of e-education. It is also unconstitutional: it purports to add grounds for judicial review of primary legislation that agreeably is a constituent rather than an adjudicative act. Finally, it is backward looking: it proposes to reintroduce a moralizing rhetoric in the conduct of education, thereby, paving way for poorer educational standards in India. Underlying these distinct inadequacies is a common inability of the Supreme Court to de-link the university as a "project of modernity" from its status as "the ideological apparatus of the nation-state." Universities, for the Indian Supreme Court, are still an embodiment of the "popular will" and, therefore, incapable of being appropriated.

442.  JULY 2006 Issue
p.148

The Doctrine of Informed Consent - When Experts and Non-Experts Collide
Tan, Paul  •  [2006] Sing JLS 148 (Jul)
It will not be long before the Singapore Court of Appeal will have to confront the question it left open in Gunapathy and decide whether it should extend the Bolam principle to negligent advice cases as the House of Lords has done, or whether it should follow the more rigorous standard applied in other jurisdictions such as Canada and Australia. Rather than focus on the narrow and intractable debate about the philosophical values underlying both approaches (patient autonomy versus medical paternalism), this article draws on current behavioural and psychological studies to examine which approach would truly assist a patient in arriving at a rational and informed choice. It is argued that neither model currently employed is satisfactory because they fail to take into account the fact that the patient, as a layperson, and the physician, as an expert, perceive risk differently. Accordingly, it is proposed that the doctrine of informed consent should be structured to emphasize the constitutive nature of risk communication in order to bridge this difference.

443.  JULY 2006 Issue
p.172

The Competition Act 2004: A Legislative Landmark on Singapore's Legal Landscape
Ong, Burton  •  [2006] Sing JLS 172 (Jul)

444.  JULY 2006 Issue
p.191

Equitable Relief for Breach of Contract: Wisanggeni Lauw v Full Fledge Holdings Ltd
Tham, Chee Ho  •  [2006] Sing JLS 191 (Jul)

445.  JULY 2006 Issue
p.200

Charge Characterisation in English Law: A Settled Debate? In Re Spectrum Plus Ltd
Turner, PG  •  [2006] Sing JLS 200 (Jul)

446.  JULY 2006 Issue
p.213

The Pari Passu Principle in Judicial Management: Re Wan Soon Construction Pte Ltd
Chan, Tracey-Evans  •  [2006] Sing JLS 213 (Jul)

447.  JULY 2006 Issue
p.228

Book Review: Principles of Corporate Insolvency Law by Sir Roy Goode
Wee, Meng Seng  •  [2006] Sing JLS 228 (Jul)

448.  DECEMBER 2005 Issue
p.313

The Internal Morality of Chinese Legalism
Winston, Kenneth  •  [2005] Sing JLS 313 (Dec)
It is widely held that there are no indigenous roots in China for the rule of law; it is an import from the West. The Chinese legal tradition, rather, is rule by law, as elaborated in ancient Legalist texts such as the Han Feizi. According to the conventional reading of these texts, law is amoral and an instrument in the hands of a central rule who uses it to consolidate and maintain power. The rule is the source of all law and stands above the law, so that law, in the final analysis, is whatever pleases the ruler. This essay argues, to the contrary, that the instrumentalism of the Han Feizi is more sophisticated and more principled than the conventional reading recognizes. It suggests that, by examining the text of the Han Feizi through the lens provided by American legal theorist Lon Fuller, we can observe an explicit articulation of what Fuller called the internal morality of law. The principles of this morality are elaborated and their importance explained. In this way, the Han Feizi is retrieved as a significant reference point for thinking about legal reform in China today.
[Full Text]

449.  DECEMBER 2005 Issue
p.348

Globalisation and the Challenge of Asian Legal Transplants in Europe
Shah, Prakash  •  [2005] Sing JLS 348 (Dec)
This article reviews the main patterns of Asian migration in Europe and the ways in which Europe today has become 'multicultured' with Afro-Asian legal diversities. It discusses the limited role which Asian states have played in the processes of emigration and settlement. It further examines the status of the laws transplanted by Asian migrants and their descendants in Europe and the ways in which Asian diasporas in Europe are engaging in new hybrid patterns of socio-legal navigation and reconstruction. The article is critical of European legal orders as not having reacted adequately to these patterns of Asian legal reconstruction but also urges Asian legal scholars to investigate this underexplored field in more detail.
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450.  DECEMBER 2005 Issue
p.362

Harmonisation of Contract Law in Asia - Harmonising Regionally or Adopting Global Harmonisations - The Example of the CISG
Bell, Gary F.  •  [2005] Sing JLS 362 (Dec)
Asian countries increasingly see the need for uniform or harmonised law at least in commercial matters, but the adoption of international uniform laws has nonetheless often been slow in many parts of Asia. How should Asia harmonise its laws? Should there be an Asian harmonisation or should Asian nations simply adopt internationally negotiated uniform law? Do the internationally negotiated laws sufficiently take into account the legal traditions of Asia or are they simply compromises between the main Western legal traditions (civil and common law)? Using the CISG as an example, the author readily concedes that it does not take into account non-Western legal traditions but argues that Asian nations should nonetheless adopt such international instruments. First, for better or for worse, either Asian Western civil law or Western common law is the formal law in force in commercial matters in most Asian countries and therefore any harmonisations of these formals laws would be useful in Asia. Furthermore, the adoption of these formal international instruments in Asia would allow Asians to (more informally) influence their interpretation and make sure that they are applied taking into account Asian experiences and values.

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