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161.  DECEMBER 2012 Issue
p.209

The Courts and the 'Rule of Law' in Singapore
Former Chief Justice Chan Sek Keong  •  [2012] Sing JLS 209 (Dec)
I would like to start by congratulating all the speakers who have spoken yesterday and up to before the break. After listening to Professor Furmston's welcome address, the Minister's keynote speech defending robustly Singapore's practical conception of the 'rule of law', Professor Tamanaha's magisterial lecture, Professor Weiler's passionate defence of a 'rule of law' that must incorporate the values of democracy and human rights and the Attorney-General and Justice Rajah's moderation of the views of the experts on their respective panels, I have to say that the better part of the symposium is probably over, with apologies to the panellists and speakers coming later. So I will liven upmy lecture by referring to the 'rule of law'news in The Straits Times this morning.
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162.  DECEMBER 2012 Issue
p.232

The History and Elements of the Rule of Law
Brian Z. Tamanaha  •  [2012] Sing JLS 232 (Dec)
I have written extensively about the rule of law for two basic reasons. First, the notion of the rule of law is perhaps the most powerful and often repeated political ideal in contemporary global discourse. Everyone, it seems, is for the rule of law. The rule of law is a major source of legitimation for governments in the modern world. A government that abides by the rule of law is seen as good and worthy of respect. In recent decades, billions of dollars have been spent by theWorld Bank and other development agencies on developing the rule of law around the world—with limited success.
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163.  DECEMBER 2012 Issue
p.248

Europe in Crisis - On 'Political Messianism', 'Legitimacy' and the 'Rule of Law'
J.H.H.Weiler  •  [2012] Sing JLS 248 (Dec)
'Legitimacy' is a notoriously elusive term, over-used and under-specified. So the first thing I will do is to explain the sense in which I plan to use 'legitimacy' in this essay. Do not, lease, argue with me and say: "That is not 'legitimacy'! It means something else!" This is how I plan to use it, and I hope to convince you that it is a useful way for articulating something terribly important about the present crisis and the current state of European integration.
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164.  DECEMBER 2012 Issue
p.269

Between Apology and Apogee, Autochthony: The 'Rule of Law' Beyond the Rules of Law in Singapore
Thio Li-ann  •  [2012] Sing JLS 269 (Dec)
Against the triumvirate of evaluative factors (viz. the 'rule of law', human rights and democracy) assessing good government, domestic and foreign sources1 have given Singapore both good and bad reports.
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165.  DECEMBER 2012 Issue
p.298

Shall the Twain Never Meet? Competing Narratives and Discourses of the Rule of Law in Singapore
Jack Tsen-Ta Lee  •  [2012] Sing JLS 298 (Dec)
This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government's policies and in the Government's responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be truck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the legal implications of this fact, and how useful the doctrine is in fostering greater solicitude for human rights.
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166.  DECEMBER 2012 Issue
p.331

Panel Discussion: Measuring the Rule of Law
Chaired by V.K. Rajah  •  [2012] Sing JLS 331 (Dec)
Einstein observed, "Not everything that can be counted counts and not everything that counts can be counted". There is much wisdom in this penetrating observation. Since this session is devoted to the abstruse science of measurement, may I amplify this Einsteinian gem by adding that not everything after counting counts because those who ought to count cannot always be counted upon to properly count. We evaluate indices in terms of validity. That is to say, are they measuring what they purport to be doing? Reliability, do they produce consistent measures for repeated efforts? And bias, are the values objectively true?
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167.  DECEMBER 2012 Issue
p.357

The Rule of Law in Singapore
K. Shanmugam  •  [2012] Sing JLS 357 (Dec)
Over the years, there have been many debates on what the Rule of Law actually means, and what it should include. Whether the Rule of Law should be "thick" or "thin". The differences between "Rule of Law" and "Rule by Law".
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168.  DECEMBER 2012 Issue
p.366

Articles: Intestacy Law in Australia, England and Singapore - Another Aid to Social Sustainability in an Ageing Population?
Fiona Burns  •  [2012] Sing JLS 366 (Dec)
Intestacy law is an important area of property and succession law because some people do not make valid wills. The values and expectations of a society will generally influence the raming of intestacy rules. The intestacy schemes presently operating in Australia, England and Singapore are no exception. This article describes how the law in each of these jurisdictions has changed since the 19th century. It compares and contrasts the major elements of the intestacy schemes in Australia, England and Singapore. It is argued that in Australia and England an important priority is the protection of the economic well-being of the surviving spouse (broadly defined). In recent decades, law reformers in both jurisdictions have articulated an emerging priority for intestacy law: the enhancement of the economic well-being of the aged surviving spouse. Singapore's statutory intestacy regime has remained stable since its implementation in 1967. It evidences the concern that not only the spouse, but also that in certain circumstances, lineal descendants and ascendants ought to inherit from the intestate. Therefore, the concept of immediate family not only includes the spouse, but the issue and parents of the intestate.

169.  DECEMBER 2012 Issue
p.391

After Privacy: The Rise of Facebook, The Fall of Wikileaks, and Singapore's Personal Data Protection Act 2012
Simon Chesterman  •  [2012] Sing JLS 391 (Dec)
This article discusses the changing ways in which information is produced, stored, and shared—exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks—and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no law on data protection until the passage of the Personal Data Protection Act 2012. The passage of that law suggests the possibilities and limitations of an approach to data protection that eschews both the European Union's privacy-rights-based approach and the ad hoc sectoral patches that characterise the U.S. approach to the subject.
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170.  DECEMBER 2012 Issue
p.416

A Leap of Good Faith in Singapore Contract Law
Colin Liew  •  [2012] Sing JLS 416 (Dec)
It is commonly assumed that the Court of Appeal rejected a doctrine of good faith in contract law in Ng Giap Hon v. Westcomb Securities Pte Ltd, and as a result there has been no serious debate in Singapore of the proper role, nature and function of good faith. This article explores the definitional, normative and methodological aspects of the debate, and argues for the introduction of a duty of good faith in Singapore contract law. The content of such a duty must nonetheless be fact-sensitive in order to preserve contractual autonomy and commercial certainty. A series of recent decisions is also examined to demonstrate the courts' support for such an approach.

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