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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Journal Result

  • Article

    Rethinking the Personal and Proprietary Distinction: The Sumitomo Bank Ltd v Kartika Ratna Thahir & Ors

    Citation: [1993] Sing JLS 198
    This article examines the emergence of the remedial constructive trust in Singapore, and the consequential need to rethink the distinction between personal and proprietary claims. The focus will be on the implications of the constructive trust for the insolvency or bankruptcy regime.
  • Article

    The Carriage of Goods by Sea Act 1972 and the Hamburg Rules

    Citation: [1980] Sing JLS 199
  • Article

    Extraterritorial Jurisdiction over Crimes in Singapore, Malaysia and the Commonwealth

    Citation: [1987] Sing JLS 200
    This article surveys the attitude of Commonwealth courts to extraterritorial jurisdiction. it points out that whereas other Commonwealth courts favour the exercise of extraterritorial jurisdiction, courts in Malaysia and Singapore have adhered to a strict view based on the territoriality principle. In the context of the increase in transnational crime, such views should not be maintained. The article argues that existing provisions of the law could be read as admitting the exercise of extraterritorial jurisdiction. If such a course is not followed by the courts, there is an urgent need in this area for legislative reform.
  • Article

    The Fall and Rise of Legal Education in Singapore

    Citation: [2017] Sing JLS 201
    Prior to independence, legal education was all but non-existent in Singapore and many other colonies. This essay briefly discusses that colonial context before going on to describe how the National University of Singapore Faculty of Law came to play an important part in Singapore's rule of law story as Singapore's national law school, a global law school, and an Asian law school. A third section considers challenges for the future, including the impact of technology on legal practice and the changing market for legal services. These transformations require us to rethink the purpose of law school, even as they are matched by changes in the students and faculty who enter our classrooms and our offices.
  • Article

    Change and Yet Continuity – What Next After 50 Years of Legal Education in Singapore?

    Citation: [2007] Sing JLS 201
    As the NUS Faculty of Law celebrates 50 years of legal education in Singapore, this article explores some of the likely developments in Singapore legal education in the next few years. The paper suggests that globalisation will mean a greater emphasis on comparative law and more international collaboration amongst law schools. It also suggests that inter-disciplinary perspectives in the study of law will become more important, as will skills programmes designed to serve as vehicles to develop both practical and higher order thinking skills. A student-centric teaching pedagogy will remain important although resource constraints may lead to changes in the teaching methods used. The paper also opines that with globalisation, there is a growing awareness of what teaching best practices in legal education are and this will lead to calls for reform in the many parts of the world where law teaching is of poor quality.
  • Article

    The Report of the Faversham Committee – A Sterile Solution

    Citation: [1960] Sing JLS 201
  • Article

    Taxation of Partnerships

    Citation: [1986] Sing JLS 202
    This article examines the tax status of partnerships under the Singapore Income Tax Act. The author considers the common law and statutory rules respecting the formation of partnerships, with particular reference to the use of a partnership as an income-splitting device. Calculation of income at the partnership level and the rules for taxing income in the hands of the individual partners are also considered. The tax advantages of the partnership form are reviewed. _x000D_ The administrative mechanism for collecting taxes from partners is also examined, with particular reference to the position where some partners default on their tax obligations respecting partnership income. The position of non-resident partners of a Singapore partnership is also considered.
  • Article

    A Conspectus of the Labour Laws of Singapore

    Citation: [1968] Sing JLS 202
  • Article

    The Recognition of Foreign Divorces

    Citation: [1967] Sing JLS 202
  • Article

    Singapore Relational Constitutionalism: The ‘Living Institution’ and the Project of Religious Harmony

    Citation: [2019] Sing JLS 204
    This article interrogates the nature and workings of relational constitutionalism in the multi-religious secular polity of Singapore, focusing on the project of maintaining 'religious harmony'. While managing inter-group conflict within rifted polities is a global problem, Singapore may have evolved some unique or unusual approaches in this project. Relational constitutionalism as a method of managing religious harmony brings with it a broader vocabulary of purpose beyond rights in speaking of duties, trust, solidarity, a conciliatory rehabilitative ethos, in service of sustainable relationships. This involves the executive prescribing values through non-binding soft constitutional norms, against the constitutional framework. With a view to pluralising the idea of constitutionalism, the article examines the norms, actors and processes deployed to resolve various 'disharmony crises'. It argues that a public ritual aimed at pacification and promoting solidarity has evolved, and reflects on how constitutions as 'living institutions' manage divided societies.