Welcome to The Singapore Journal
of Legal Studies. The Journal is the flagship law
journal of the Faculty of Law, National University of Singapore
and one of the oldest law journals in the Commonwealth.
As the first and leading legal journal in Singapore, it
contains a rich store of legal literature analysing the
legal, political and social development of Singapore in
its progression from a developing to a First World nation.
The journal continues to advance the boundaries of global
and local developments in law, policy and legal practice
by publishing cogent and timely articles, legislation comments
and case notes on a biannual basis.
Highlights of our current issue …
The journal is pleased to present its
December 2008 issue, which contains articles discussing
significant legal developments in Singapore and beyond. Firstly,
the Universal Declaration on Human Rights (UDHR) celebrated
its 60th anniversary in 2008. While Singapore is well known
for propounding the "Asian values" school of law and development
in challenging the universal claims of human rights law espoused
by western liberal democracies, high-ranking government officials
like Attorney-General Walter Woon have affirmed that Singapore
endorses the UDHR. Increasingly, UDHR standards are being cited
before domestic courts, including before Singapore courts. Professor
Thio Li-ann in Reading Rights Rightly:
The UDHR and its Creeping Influence on the Development of Singapore
Public Law analyses the use of UDHR standards in advancing
public law arguments and considers the Singapore judicial approach
towards receiving and applying international human rights law.
Secondly, in relation to the defence of insanity, Professor
Stanley Yeo in The Insanity Defence in
the Criminal Laws of the Commonwealth of Nations discusses
a best possible provision on this defence which compares the
M'Naghten Rules and its variations in certain Commonwealth jurisdictions,
as well as in practice of the International Criminal Court.
Thirdly, Assistant Professor Yvonne Lee in
"Don't Ever Take a Fence Down Until You
Know the Reason It Was Put Up"—Singapore Communitarianism and
the Case for Conserving 377A analyses the Penal Code debate
in relation to section 377A which criminalises acts of gross
indecency between male adults. This matter was thoroughly debated
providing fiercely divergent views within academia, civil society
and the Law Society. Singapore is probably the only country
in the world to have fully debated this politically contentious
issue and deliberately decided to retain the law which criminalises
homosexual acts.
Fourthly, following recent cases from the U.K. and Singapore,
Associate Professor Margaret Fordham in
Sexual Abuse and the Limitation of Actions
in Tort—A Case for Greater Flexibility? examines the adverse
consequences flowing out of Singapore's more rigid approach
to the limitation of actions, particularly in cases of sexual
abuses.
The current issue also features two papers which were presented
at the fourth biennial Obligations Conference,
Goals
of Private Law, hosted by the Faculty of Law, National University
of Singapore, together with the Singapore Academy of Law and
the University of Melbourne. These are
Equity, Obligations and Third Parties and
The Iniquity of Equity: A Home-Sharer's
Tale by Reader in Property Law Ben MacFarlane and Senior
Lecturer Simone Wong respectively.
The journal may be cited as Sing. J.L.S.
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