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Chng Suan Tze V. Minister Of Home Affairs
''Chng Suan Tze v. Minister for Home Affairs'' is a seminal case in administrative law decided by the Court of Appeal of Singapore in 1988. The Court decided the appeal in the appellants' favour on a technical ground, but considered '' obiter dicta'' the reviewability of government power in preventive detention cases under the Internal Security Act ("ISA"). The case approved the application by the court of an objective test in the review of government discretion under the ISA, stating that all power has legal limits and the rule of law demands that the courts should be able to examine the exercise of discretionary power. This was a landmark shift from the position in the 1971 High Court decision ''Lee Mau Seng v. Minister of Home Affairs'', which had been an authority for the application of a subjective test until it was overruled by ''Chng Suan Tze''. ''Chng Suan Tze'' was followed by amendments by Parliament to the Constitution and the ISA in 1989 which purported to ret ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of Singapore
The Court of Appeal of Singapore is the nation's highest court and court of final appeal. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the chief justice, who is the president of the Court, and the Judges of Appeal. The chief justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building. The Court exercises only appellate jurisdiction in civil and criminal matters. In other words, it possesses no original jurisdiction – it does not deal with trials of matters coming before the court for the first time. In general, the Court hears civil appeals from decisions of the High Court made in the exercise of the latter's original and appellate jurisdiction, that is, decisions on cases that started in the High Court as well as decisions that were appealed from the State Courts of Singapore to the H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internal Security Department (Singapore)
The Internal Security Department (ISD) is a domestic counter-intelligence and security agency of Singapore under the purview of the Ministry of Home Affairs (MHA), tasked to confront and address security threats, including international terrorism, foreign subversion and espionage. It has the utmost right to detain without trial individuals suspected to be a threat to national security. The ISD also monitors and addresses potential threats from communism, prevention of racial tension which might affect the public peace, domestic counter-terrorism, international counter-terrorism, fraud against the state, surveillance, apprehension of suspected militants or terrorists and protection of Singapore's national borders. History ISD was first established as part of the Special Branch in 1948 by the British colonial government. In 1963, it became part of the Malaysian Special Branch when Singapore merged with Malaysia, and after Singapore gained independence, the Internal Security ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Condition Precedent
A condition precedent is an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty exists.Restatement (Second) of Contracts § 224 In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person. For comparison, a condition subsequent brings a duty to an end whereas a condition precedent initiates a duty. In computing, a while loop sets the truth of a statement as a condition precedent for the execution of a given subroutine or other code segment. By contrast, a do while loop provides for the action's ongoing execution unless a given condition is determined to be false, ''i.e.'', provides for that action's execution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratio Decidendi
''Ratio decidendi'' ( Latin plural ''rationes decidendi'') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). In other words, ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike ''obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of '' stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate rationes. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sivakant Tiwari
Sivakant Tiwari, P.P.A.(E.), P.B.S., P.P.A.(E.)(L.), P.J.G. (20 December 1945 – 26 July 2010), known professionally as S. Tiwari, was a senior legal officer of the Singapore Legal Service. He was educated at the University of Singapore, graduating in law in 1971. He then made the Legal Service his career, serving as head of the Ministry of Defence's legal department (1974), and head of the Attorney-General's Chambers' Civil Division (1987) and International Affairs Division (1995). He was lead counsel in three significant commissions of inquiry arising out of fatal incidents in the 1970s and 1980s. A skilled negotiator, Tiwari was a member of the Singapore delegation which dealt with the United States – Singapore Free Trade Agreement signed in 2003, and served as legal adviser to the delegation which established diplomatic relations between Singapore and the People's Republic of China. He was also on Singapore's legal team in a case concluded in 2003 that had been brought b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Lester, Baron Lester Of Herne Hill
Anthony Paul Lester, Baron Lester of Herne Hill, QC (3 July 1936 – 8 August 2020) was a British barrister and member of the House of Lords. He was at different times a member of the Labour Party, Social Democratic Party and the Liberal Democrats. Lester was best known for his influence on race relations legislation in the United Kingdom and as a founder-member of groups such as the Institute of Race Relations, the Campaign Against Racial Discrimination and the Runnymede Trust. Lester was also a prominent figure in promoting birth control and abortion through the Family Planning Association, particularly in Northern Ireland. Lester resigned from the House of Lords after accusations of historic sexual harassment were made by Jasvinder Sanghera. Early life and education Lester was born into a Jewish family and was educated at the City of London School. He then studied history and law at Trinity College, Cambridge, and Harvard Law School, graduating with Bachelor of Arts and Ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen regnant, queen, is a lawyer (usually a barrister or advocate) who is typically a senior trial lawyer. Technically appointed by the monarch of the country to be one of 'His [Her] Majesty's Counsel learned in the law', the position originated in England and Wales. Some Commonwealth countries have either abolished the position, or renamed it so as to remove monarchical connotations, for example, 'Senior counsel' or 'Senior Advocate'. Appointment as King's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the inner Bar (law), bar of court. As members wear silk gowns of a particular design (see court dress), appointment as King's Counsel is known informally as ''rec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geoffrey Robertson
Geoffrey Ronald Robertson (born 30 September 1946) is a human rights barrister, academic, author and broadcaster. He holds dual Australian and British citizenship." 'Struggle for justice is theme of my life': Geoffrey Robertson QC takes Australia Day honour" by Ellen Whinnett, '''', 26 January 2018 Robertson is a founder and joint head of |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations and in the United States. It is similar to a statement made under oath, but it is not sworn. Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to affidavits, which, however, are made on oath. Depending on jurisdiction, statutory declarations can be used for: *Declarations of identity, nationality, marital status, etc. when documentary evidence is unavailable. *Declaring the intention to change one's name. *Affirming the provenance and nature of goods for export or import. *Statements of originality for patent applications. Australia Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The ''Statutory Declarations Act 1959'' governs the use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Singapore
The Government of Singapore is defined by the Constitution of Singapore to mean the executive branch of the state, which is made up of the president and the Cabinet. Although the president acts in their personal discretion in the exercise of certain functions as a check on the Cabinet and the Parliament, their role is largely ceremonial. It is the Cabinet, composed of the prime minister and other ministers appointed on their advice by the president, that have the general direction and control of the government. The Cabinet is formed by the political party that gains a simple majority in each general election. A statutory board is an autonomous agency of the Government that is established by an Act of Parliament and overseen by a government ministry. Unlike ministries and government departments that are subdivisions of ministries, statutory boards are not staffed by civil servants and have greater independence and flexibility in their operations. There are five Community ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
