This issue features papers presented and speeches made at the Rule of Law Symposium 2012, beginning first with former Chief Justice Chan Sek Keong’s lecture on The Courts and the ‘Rule of Law’ in Singapore, which seeks to explain Singapore’s conception of the ‘rule of law’ by referring to its history and legal heritage. By shedding light on some little-known details of the court’s most critical decisions, Chan C.J. addresses issues on constitutional law and the law on preventive detention, defamation and contempt of court. He concludes by suggesting that Singapore’s model on the rule of law could be used elsewhere in the world to support good governance.

In The History and Elements of The Rule of Law, Brian Z. Tamanaha presents his conception of the ‘rule of law’ by focusing on the fundamental core found in three main themes, viz. government limited by law, formal legality, and ‘the rule of law, not man’. After discussing the three themes, he proposes that the ‘rule of law’ does not exist in only one form, and it must adjust for political, economic, cultural and social conditions.

J.H.H. Weiler examines, in Europe in Crisis—On ‘Political Messianism’, ‘Legitimacy’ and the ‘Rule of Law’, the historical background of ‘Europe’, and suggests that ‘political messianism’ is one of the causes of the Euro crisis’s current impasse. He surveys the different genres and types of ‘legitimacy’ and the European ‘rule of law’, and argues that the crisis provides an opportune moment to re-examine the ‘Europe’ construct. He concludes with suggestions on how a solution to the crisis may be ‘legitimate’.

In Between Apology and Apogee, Autochthony: The ‘Rule of Law’ Beyond the Rules of Law in Singapore, Thio Li-ann considers Singapore’s conception of the rule of law within the context of its political culture and constitutional principles. She begins by examining the general normative underpinnings of the rule of law, and then specifically discusses areas where the Singapore government has been criticised, in particular, the law of defamation. She concludes by considering whether Singapore’s rule of law has remained, as critics have argued, unduly thin and formalistic. 

Jack Tsen-Ta Lee discusses how the rule of law in Singapore could be used to protect human rights by first considering discourse on the rule of law by critics of the Singapore government and the government in Shall the Twain Never Meet? Competing Narratives and Discourses of the Rule of Law in Singapore. He considers then how both parties are converging in recognising the need to protect human rights though he notes that the ‘ideal’ balance between protecting rights and other public interests has not been established.

Chaired by Judge of Appeal V.K. Rajah, and joined by three distinguished panellists: Mark Agrast, Stuart Kerr, and James Silken, the Panel Discussion: Measuring the Rule of Law provides a transcript of their dialogue on how different esteemed bodies in the global arena tackle and view issues relating to the measurement of the Rule of Law. The topics covered include how the rule of law may be measured through indices, the utility in such measurements, and how the rule of law can be further promoted.

Minister for Foreign Affairs and Minister for Law, K. Shanmugam, considers how the rule of law operates in Singapore, and how it is approached in his keynote address – The Rule of Law in Singapore. He discusses how Singapore’s rule of law is tailored and applied to its social and economic realities while explaining why exceptions to due process are necessary for the Internal Security Act.

This issue also includes our usual spread of articles, such as Intestacy Law in Australia, England and Singapore — Another Aid to Social Sustainability in an Ageing Population?, where Fiona Burns investigates how societal values and expectations have caused changes to the intestacy laws of Australia, England and Singapore since the 19th century. She also compares and contrasts the major elements in the respective countries’ laws. She concludes by arguing that while Singapore gives greater regard to the interests of ascendant linear relatives, existing parts of the law may be increasingly criticised with an aging populace.

Simon Chesterman discusses, in After Privacy: The Rise of Facebook, The Fall of Wikileaks, and Singapore’s Personal Data Protection Act 2012, the changing ways in which information is produced, stored, and shared and the implications for privacy and data protection. He discusses, in particular, the recently passed Personal Data Protection Act 2012, and the possibilities and limitations of Singapore’s approach to data protection given its avoidance of the EU and US’s approach to the subject.

In A Leap of Good Faith in Singapore Contract Law, Colin Liew critically examines the definitional, normative and methodological aspects behind the doctrine of good faith in Singapore. Notwithstanding the Court of Appeal’s statement in Ng Giap Hon v. Westcomb Securities Pte Ltd, he argues for the introduction of a duty of good faith into Singapore contract law, and considers that the court’s recent judgments suggest that they would accept a fact-sensitive approach in imposing such a duty.

Kelry C.F. Loi discusses, in Banks, Agency and Misrepresentation, some of the issues that arise when an investor has been induced by pre-contractual misrepresentations to enter into an investment contract containing a non-reliance clause with a bank. He argues how well-established contractual principles on misrepresentation and traditional agency principles of authority may be used to answer these questions instead of the increasing use of the novel doctrine of ‘contractual estoppel’

Our December 2012 issue also features several legislation comments and case notes, and book reviews. Click here for the complete contents page.