The Singapore Journal of Legal Studies
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 September 2016 issue are …
In Twenty Years (And More) of
Controlling Unfair Contract Terms in Singapore, Sandra
Booysen reflects on how Singapore’s legislative regime for
consumer protection has contributed to the promotion of
contractual fairness in consumer contracts. She focuses in
particular on the operation of the Unfair Contract Terms
Act, the Misrepresentation Act and the Consumer
Protection (Fair Trading) Act, noting that the current
regime suffers from a preoccupation with clauses that exempt
liability. She suggests that the appropriate way forward
lies in developing an overarching, flexible principle of
evaluating the fairness of risk allocation.
Ho Hock Lai, in On the Obtaining and Admissibility of
Incriminating Statements, questions the assumption that
interest in crime control and interest in due process are
diametric opposites. He examines this apparent dichotomy in
the context of police interrogations, focusing on three
rights: the right of silence, the privilege against
self-incrimination, and the right to exclusion of
involuntary statements. He notes that the judiciary has an
important role to play in striking a balance between keeping
the police in line and staying out of their way, and
concludes by cautioning against blind allegiance to the
ideology of crime control.
In Regulating International Trade in Endangered Species—Transhipments
of CITES-Listed Species via Singapore, Burton Ong,
Lye Lin Heng and Joseph Chun evaluate Singapore’s
Endangered Species (Import and Export) Act by analysing
the District Court case of Public Prosecutor v Wong Wee
Keong. They argue for a purposive construction of those
provisions that furthers Singapore’s implementation of its
obligations as a Party to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora.
They conclude by urging greater international cooperation
between CITES Parties in the design and
implementation of their national legal frameworks.
Tan Seow Hon, in Between Judicial Oligarchy and
Parliamentary Supremacy: Understanding the Court’s Dilemma
in Constitutional Judicial Review, considers the dilemma
of navigating the narrow road between parliamentary
supremacy and judicial oligarchy in constitutional judicial
review. She examines the Singapore Court of Appeal case of
Lim Meng Suang v Attorney-General through the lens of
Dworkin’s theory of adjudication, and proposes an
alternative view based on Radbruch’s natural law approach.
Our September 2016 issue also features several legislation
comments and case notes, and book reviews.
for the complete contents page.