
SINGAPORE JOURNAL OF LEGAL STUDIES


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- Article
Easements, Profits a Prendre, Covenants and Licences: A Reappraisal
Citation: [1962] Sing JLS 16 - Article
From Ultra Vires to Agency: A Comment on the Recent Modifications to the Ultra Vires Doctrine
Citation: [1986] Sing JLS 17This article deals with the many deficiencies in the new model ultra vires doctrine introduced by the recent English Court of Appeal decision in the Rolled Steel case. This article also assesses the impact of this decision on Section 25 of the Singapore Companies Act. - Article
Shadow Banking in Singapore
Citation: [2017] Sing JLS 18Shadow banking is a phenomenon of global concern because it entails risks for financial stability that need to be adequately addressed by regulation. Easier said than done, one could object, because it is a tricky task for regulators to respond appropriately. Singapore, one of the largest financial centres in Asia and the world, is a hub for financial intermediaries that are considered shadow banks. Data transmitted by Singapore to the Financial Stability Board provides the basis for this analysis of the relevance of shadow banks and risk-containing regulation applicable to themthe first of its kind for Singapore. In line with global efforts to curb risks for financial stability while avoiding excessive limitations on useful financial services, the article points out areas in which particular vigilance is indicated and suggests changes to existing regulation. - Article
Women in English Family Law: When Is Equality Equity?
Citation: [2011] Sing JLS 18The principle that women are equal with men lies at the heart of their emancipation, and underpins the enactment of the Women's Charter of Singapore. But the question of how that equality is to be reflected in women's treatment under the law is more complicated. The device usually employed in the law is that of formal equality - on the face of the legislation, or in the case-law, women are to be regarded and assumed to be equal. But it does not follow from the principle that men and women should be treated as equal under the law, that their position in the wider society is in fact equal. This article examines two key aspects of English family law which exemplify the problem of the gap between formal and substantive equality for women: asset division on divorce and post-separation parenting. - Article
Defects in Construction: Recent Developments in the Law Relating to Limitation of Actions
Citation: [1987] Sing JLS 18This article considers how the law of limitation of actions has developed through judicial interpretation of statutory provisions. The main perspective is that of the construction industry and, in particular, it addresses the problems created by latent defects in buildings which materialise after the completion of the construction process. The attempts by the courts to operate the 'Pirelli principle' are discussed and the potential problems created by the so-called 'doomed-from-the-start exception' are explored. The article concludes with a consideration of the legislative response to the difficulties created by hidden defects, namely the Latent Damage Act 1986, and suggests that legislation may also be necessary in jurisdictions such as that of Singapore where similar difficulties are to be anticipated. - Article
Special Feature: Criminal Law’s Fundamentals – Various Kinds of Cultural Defence in the Criminal Law
Citation: [2025] Sing JLS 19First view: [Mar 2025 Online] Sing JLS 1-16The article suggests a way to overcome the reluctance to grant a defence for culturally motivated non-compliance with the criminal law by recognising various kinds of cultural defences. Cultural defence as an excuse enables courts to both declare the expectation that the minority will adjust their practices to criminal law prohibitions by perceiving the culturally motivated non-compliance as wrong, and nonetheless excuse the defendant on the ground that the cultural motivation negates her culpability. Cultural defence as a justification conveys a respect for cultural autonomy by permitting the defendant to adhere to cultural practices despite its infringement of the criminal law prohibition. Classifying the cultural motivation as an offence modifier implies that the reasons for criminalisation do not apply to the cultural practice. The variety of cultural defences would have to be subject to a normative constraint for cases in which the cultural practice infringes upon the polity’s fundamental values.