
SINGAPORE JOURNAL OF LEGAL STUDIES


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Constitutional Supremacy in Malaysia in the Light of Two Recent Decisions
Citation: [1969] Sing JLS 260 - Article
Privacy in Employment
Citation: [2000] Sing JLS 263This article examines whether in Singapore an employee has a general right of privacy in the employment context and if there is no such right, whether privacy can nonetheless be enforced through indirect means. - Article
Offences Created by the Computer Misuse Act 1993
Citation: [1994] Sing JLS 263This article examines the terminology used in defining the offences created by the Computer Misuse Act 1993. Comparison is made with similar legislation from other jurisdictions which influenced its drafting, particularly in the United Kingdom Computer Misuse Act 1990. It appears that the guiding principle behind the drafting of this Act is comprehensiveness - the offences are framed so as to cover every conceivable misuse of computers but this has been achieved only at the cost of ease of interpretation. - Article
Reading Rights Rightly: The UDHR and its Creeping Influence on the Development of Singapore Public Law
Citation: [2008] Sing JLS 264The utility of invoking international law to inform the crafting of public law arguments depends_x000D_ on the receptivity of a domestic legal system towards international law. There is in Singapore case law a discernible shift in the judicial approach towards handling international legal arguments, from a clumsy dismissal to a more sophisticated handling of how, in particular, human rights law may influence domestic rights adjudication. This article uses the 2008 case of Re Gavin Millar Q.C. as a springboard to consider how and if the approach of Singapore courts towards receiving and applying human rights norms in public law cases has changed. It discusses the creeping influence of international human rights norms, such as those embodied in the UDHR, in national courts and what this signifies in terms of developing a human rights culture in the thinking and operation of legal actors, such as the bench and bar. - Article
Legislating Faith in Malaysia
Citation: [2007] Sing JLS 264Although the Federal Constitution is the supreme law of the land, the dual legal system in Malaysia basically means Muslims in the country are governed under the Islamic or Syariah law. The matter relating to conversion to and renouncement of Islam is not specifically stated in the State List under the Federal Constitution. There has been considerable controversy on this matter in recent times. Challenges and difficulties faced by individuals in the predicament of conversion and/or renouncement seemed insurmountable with the civil courts refusing to hear such matters on the ground that they lack jurisdiction. This article will assess the viability and feasibility of legislating on faith in multi-racial and multi-religious Malaysia by analyzing the applicable constitutional provisions and the relevant cases, including the controversial Lina Joy case. - Article
Agency Costs in Controlled Companies
Citation: [2006] Sing JLS 264Agency costs have become one of the significant issues in the protection of minority shareholders particularly in controlled companies. The obvious advantage of a controlling shareholder lies in the fact that the controlling shareholder's interest is aligned to that of the non-controlling shareholder. However the concern with controlled companies is that there may be "private benefits of control" which is usually taken to mean as including everything controlling shareholders are able to get out of their position without minority shareholders receiving a proportionate share. There is persistent danger that controlling shareholders will transfer company's resources to themselves. This article will deliberate the reasons why we need to extend protection to minority shareholders. The article will then examine the nature and extent of the agency problems faced by minority shareholders in controlled public companies in Malaysia. The article will achieve this objective by discussing the various strategies available to overcome agency costs arising from the relationship of controlling shareholders and minority shareholders. The article will also discuss the application of the strategies to overcome agency problems in Malaysia. The article will conclude that to entrench a culture of sound corporate governance in Malaysia requires more than just changes to laws and regulations, it requires the introduction of a self-enforcing model. - Article
The Family Law Curriculum and the Population Problem: Another Look at an Old Problem
Citation: [1982] Sing JLS 264 - Article
Fair Use in The United States: Transformed, Deformed, Reformed?
Citation: [2020] Sing JLS 265Since the United States Supreme Court's 1994 adoption of “transformative use" as a criterion for evaluating the first statutory fair use factor, “transformative use" analysis has engulfed all of fair use, becoming transformed, and perhaps deformed, in the process.Afinding of “transformativeness" often foreordained the ultimate outcome, as the remaining factors, especially the fourth, withered into restatements of the first._x000D_
Lately, however, courts are expressing greater scepticism concerning what uses actually “transform" the original content. As a result, courts may be reforming “transformative use" to reinvigorate the other statutory factors, particularly the inquiry into the impact of the use on the potential markets for or value of the copied work. The article concludes with some suggestions for rebalancing the factors. - Article
The Role of Public Law in a Developing Asia
Citation: [2004] Sing JLS 265The development of public law is seldom regarded as a sine qua non for development. This is especially so in Asia where power and authority are viewed with respect rather than with suspicion, unlike in the west. This is ironic since Asian states have traditionally been very strong, and their roles have expanded greatly over the last forty years. Government intervention in the economy is now a given, and in many states, large bureaucracies, government agencies and government-linked companies have emerged. The expansion of the public sector calls for a legal framework of controls. If public law is to fulfill its function to check on the abuse or arbitrary exercise of executive power, it must grapple with three challenges: (a) Asian legal culture; (b) the need for governments to govern, seek legitimacy and maintain stability; and (c) extensive state intervention in the economy.