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61.  SEPTEMBER 2019 Issue
p.351

Special Feature: Symposium on Contemporary Issues in Public Law: Revisiting Taxonomies and Truisms in Administrative Law in Singapore
Swati Jhaveri  •  [2019] Sing JLS 351 (Sep)
This paper confronts the continued viability of two entrenched features of administrative law in Singapore. First, it argues that the taxonomy for organising the grounds of judicial review (illegality, irrationality and procedural fairness) is likely to be incrementally tested in Singapore through the development of newer grounds of judicial review. This paper looks at three particular grounds of review to exemplify this: review for errors of law; review for errors of fact and the doctrine of substantive legitimate expectations. Secondly, and related to the first, the paper interrogates the continued utility of the 'truism' that courts should only review the 'legality' and not the 'merits' of executive decision-making. It argues that this may no longer be an optimal way of balancing the various competing constitutional imperatives at play when determining the appropriate scope of judicial review by courts. Following this critique, the paper provides preliminary thoughts on two modest proposals for how administrative law can move forward to account for the developments that are testing these features of the law. It proposes: (a) a gradual and incremental move away from a taxonomy or categorisation of grounds of review to an approach organised around varying the nature and intensity of review to demarcate the scope and boundaries of judicial review; and (b) a more intentional and careful consideration of the way in which remedies are pleaded by applicants and framed by the courts in their rulings.

62.  SEPTEMBER 2019 Issue
p.377

Intellectual Property Law and Post-Scarcity Society
Barton Beebe  •  [2019] Sing JLS 377 (Sep)
Rapid technological progress has shifted discussion of the possibility of "post-scarcity society" from science fiction novels and utopian manifestoes to the pages of our newspapers and now to our law reviews. Commentators imagine a world in which three-dimensional printing, advanced robotics, synthetic biology, and artificial intelligence will enable the low-cost at-home manufacture of nearly all commodities and provision of nearly all services. This lecture considers the implications of postscarcity society for law and specifically for intellectual property law. It focuses on the likely social role of intellectual property law in a post-scarcity society and on the ways in which intellectual property law will likely work to undermine the socially progressive promise of post-scarcity.
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63.  SEPTEMBER 2019 Issue
p.390

Full Powers and the Constitutional Doctrine of Implied Amendments
Benjamin Low  •  [2019] Sing JLS 390 (Sep)
This article makes the case for the applicability of the doctrine of implied amendments to the Constitution of Singapore. The first part of this article tracks the origins and judicial development of the doctrine of implied amendments across the common law jurisdictions of Australia, Sri Lanka and Jamaica. The second part analyses whether the doctrine of implied amendments is applicable within the constitutional paradigm of Singapore based on a plain, textualist approach towards the Singapore Constitution. It also evaluates and analyses the historical academic and judicial treatment of the doctrine in Singapore, if any. The final part explores the normative justifications for adopting the doctrine of implied amendments, namely that it upholds the 'flexible constitutionalism' that characterises Singapore's constitutional system, and best weds the legal nature of the Westminster system of parliamentary democracy and sovereignty to the concept of a legal system predicated on constitutional supremacy.

64.  SEPTEMBER 2019 Issue
p.423

The Right to Confront One's Accusers: Did Sir Walter Raleigh Die for Nothing?
Peter Mirfield  •  [2019] Sing JLS 423 (Sep)
The right to confront one's accusers is granted widely by international and European human rights conventions, as well as by the US Constitution's 6th Amendment, though not recognised, at least explicitly, by Singapore law. This article argues for a non-instrumental view of that right, ie one not solely designed by reference to the hearsay rule, enlisting the remarkable trial of SirWalter Raleigh, in 1603, for treason to support the case, in principle, for such a view being taken. The article goes on to consider the confrontation right in three jurisdictions, namely the US, the European Court of Human Rights and England, where very different views of it have been taken. It then raises the possibility that some recent reforms to Singapore law entail confrontation issues. It concludes that, whatever else is done about the right to confrontation, it should, just like other human rights, be taken seriously.

65.  SEPTEMBER 2019 Issue
p.440

Institutions Supporting Constitutional Democracy: Some Thoughts About Anti-Corruption (and Other) Agencies
Mark Tushnet  •  [2019] Sing JLS 440 (Sep)
Classical constitutional theory identified three functions of government—law-making, lawenforcement, and adjudication of legal disputes—and assigned them to three distinct branches of government. As this tripartite framework began to break down over the course of the twentieth century, constitutional theorists identified a fourth function—the protection of the constitution itself. The corruption of high-level public officials can undermine democracy, in large part by generating public cynicism about the possibility that government can act for the general good. In principle, a structurally independent institution suggests itself as the solution, such as electoral commissions and anti-corruption institutions. This paper presents two case studies of institutions supporting democracy in South Africa and Brazil. It suggests that those who design these institutions, and those who staff them, should be sensitive to the complicated interactions between independence, necessary to ensure that high-level corruption comes under scrutiny, and accountability, necessary to ensure that anti-corruption investigations are well-integrated into the nation's system of government as a whole.

66.  SEPTEMBER 2019 Issue
p.456

Case and Legislation Notes: Love's Labour and Lady Luck: My Luck, Your Luck or Our Luck?— BOI v BOJ
Chan Wing Cheong  •  [2019] Sing JLS 456 (Sep)
This case note reviews the Court of Appeal decision in BOI v BOJ on whether lottery winnings can be divided as a matrimonial asset upon dissolution of marriage, and if so, how they should be allocated between the former spouses.

67.  SEPTEMBER 2019 Issue
p.464

Case and Legislation Notes: Not Getting Lost in the "Park": Wrotham Park Damages Demystified— Turf Club Auto Emporium Pte Ltd v Yeo Boong Hua
Ivan Sin  •  [2019] Sing JLS 464 (Sep)
Since its incarnation in Wrotham Park Estate , the precise conceptual foundation and contours of negotiating damages have over the years remained somewhat obscure. Following the lead of the UK Supreme Court in One Step , the Herculean tasks of furnishing a sound theoretical rationalisation for and delineating the boundaries of negotiating damages were undertaken by the Singapore Court of Appeal in Turf Club . This note unpacks the Singapore case, places it in comparative context, and investigates the extent to which its judicial treatment on negotiating damages has departed from the doctrinal route prescribed by its English counterpart. From a comparative law perspective, the juxtaposition of Turf Club alongside One Step also helpfully illustrates the level of intellectual and analytical rigour that is exemplary for any jurisdiction aspiring to build up an autochthonous legal system.

68.  SEPTEMBER 2019 Issue
p.477

Case and Legislation Notes: Service Out for Scandalising Contempt: An International Constitutional Jurisdiction?— Li Shengwu v Attorney-General
Marcus Teo Wei Ren  •  [2019] Sing JLS 477 (Sep)
Service out of jurisdiction is generally permitted only in two situations. First, under the High Court's international criminal jurisdiction, criminal process can be served out only if the affected foreign state consents. Second, under its international civil jurisdiction, civil process can be served out only if some statutory provision interpreted in accordance with a doctrine of 'subject-matter jurisdiction' allows it. However, in Li Shengwu v Attorney-General , the Court of Appeal allowed service out of process for scandalising contempt of court, but did not rely, and indeed could not have relied, on either its international criminal or civil jurisdiction to do so. Instead, it could only have allowed such service out by relying on a novel third basis of international jurisdiction, derived from Article 93 of the Constitution —in other words, its international constitutional jurisdiction.

69.  SEPTEMBER 2019 Issue
p.489

Book Reviews: Financial Services Law and Regulation by Dora Swee Suan Neo, Hans Tjio and Luh Luh Lan, eds
Christopher Chen  •  [2019] Sing JLS 489 (Sep)
Understanding the depth of financial regulations without losing the big picture has presented many challenges to practitioners, businesspersons, and naturally, students. On the one hand, the modern financial market is complex and has multiple dimensions. Traditionally, it has been divided into three major sectors: capital markets, banking, and insurance. Such divisions still underline financial regulations in many countries. Each sector has its own characteristics and practices, and an expert in one sector may not know the details of the other sectors. At the same time, different financial sectors and market participants interact and intersect, contributing to the market's complexity. Beyond the domestic market, there is an international dimension. The rise of international soft law and transnational regulatory networks that issue regulatory standards (eg, the Basel Accord issued by the Basel Committee on Banking Supervision) adds another layer of complexity to the financial market. Understanding the overall financial market is a daunting task.

70.  SEPTEMBER 2019 Issue
p.491

Book Reviews: Equity & Trusts: Text, Cases and Materials by Paul Davies and Graham Virgo
Jeremiah Lau  •  [2019] Sing JLS 491 (Sep)
In 1871, Christopher Columbus Langdell, Dean of the Harvard Law School, published what is held to be the first casebook in the common law world— A Selection of Cases on the Law of Contracts (1871). It should come as no surprise that, more than a century later, books that combine legal materials with analysis and commentary are still an invaluable part of legal education. The number of relevant cases in any given area only increases with time, and therefore books that harvest, organise and analyse the sheer bulk of relevant legal material are perhaps more needed than ever.

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