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Exclusion Of Judicial Review In Singapore Law
Exclusion of judicial review has been attempted by the Parliament of Singapore to protect the exercise of executive power. Typically, this has been done though the insertion of finality or total ouster clauses into Acts of Parliament, or by wording powers conferred by Acts on decision-makers subjectively. Finality clauses are generally viewed restrictively by courts in the United Kingdom. The courts there have taken the view that such clauses are, subject to some exceptions, not effective in denying or restricting the extent to which the courts are able to exercise judicial review. In contrast, Singapore cases suggest that ouster clauses cannot prevent the High Court from exercising supervisory jurisdiction over the exercise of executive power where authorities have committed jurisdictional errors of law, but are effective against non-jurisdictional errors of law. A partial ouster or time limit clause specifies a restricted period, after which no remedy will be available. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament House Sign, Singapore - 20100803
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. The term is similar to the idea of a senate, synod or congress and is commonly used in countries that are current or former monarchies. Some contexts restrict the use of the word ''parliament'' to parliamentary systems, although it is also used to describe the legislature in some presidential systems (e.g., the Parliament of Ghana), even where it is not in the official name. Historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies, an example being the French medieval and early modern parlements. Etymology The English term is derived from Anglo-Norman and dates to the 14th century, coming from the 11th century Old French , "discussion, discourse", from , meaning "to talk". The meaning evolved ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law Doctrine In Singapore
In Singapore, the rule of law doctrine has been the topic of considerable disagreement and debate, largely through differing conceptions of the doctrine. These conceptions can generally be divided into two categories developed by legal academics, the "thin", or formal, conception and the "thick", or substantive, conception of the rule of law. The thin conception, often associated with the legal scholars Albert Venn Dicey and Joseph Raz, advocates the view that the rule of law is fulfilled by adhering to formal procedures and requirements, such as the stipulations that all laws be prospective, clear, stable and constitutionally enacted, and that the parties to legal disputes are treated equally and without bias on the part of judges. While people subscribing to the thin conception do not dismiss the importance of the content of the law, they take the view that this is a matter of substantive justice and should not be regarded as part of the concept of the rule of law. On the other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicolas Browne-Wilkinson, Baron Browne-Wilkinson
Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, Her Majesty's Most Honourable Privy Council, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. Life and career Browne-Wilkinson was the sixth child and only son of the Rev Canon Arthur Browne-Wilkinson, Military Cross, MC, and of Mary Abraham, daughter of Charles Abraham (bishop of Derby), Charles Abraham, Bishop of Derby (suffragan), Bishop of Derby. He was educated at Lancing College, Lancing and at Magdalen College, Oxford, where he took a British undergraduate degree classification, First in Jurisprudence in 1952. He was Call to the bar, called to the Bar at Lincoln's Inn in 1953 and Queen's Counsel, took silk in 1972. He was a judge of the Court of Appeal of Jersey and of Courts of Guernsey, Guernsey from 1976 to 1977. In 1977, Browne-Wilkinson was appointed a Justice of the High Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hull University - Geograph
Hull may refer to: Structures * Chassis, of an armored fighting vehicle * Fuselage, of an aircraft * Hull (botany), the outer covering of seeds * Hull (watercraft), the body or frame of a ship * Submarine hull Mathematics * Affine hull, in affine geometry * Conical hull, in convex geometry * Convex hull, in convex geometry ** Carathéodory's theorem (convex hull) * Holomorphically convex hull, in complex analysis * Injective hull, of a module * Linear hull, another name for the linear span * Skolem hull, of mathematical logic Places England * Hull, the common name of Kingston upon Hull, a city in the East Riding of Yorkshire ** Hull City A.F.C., a football team ** Hull FC, rugby league club formed in 1865, based in the west of the city ** Hull Kingston Rovers (Hull KR), rugby league club formed in 1882, based in the east of the city ** Port of Hull ** University of Hull * River Hull, river in the East Riding of Yorkshire Canada * Hull, Quebec, a settlement opposite Ot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith (law)
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement. History In U.S. law, the legal concept of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Reid, Baron Reid
James Scott Cumberland Reid, Baron Reid, (30 July 1890 – 29 March 1975) was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century. Life He was born on 30 July 1890 in Drem, East Lothian the son of James Reid a Solicitor of the Supreme Courts (SSC) and his wife, Kate Scott. Educated at Edinburgh Academy, he then studied law at Jesus College, Cambridge, graduating BA in 1910 and LLB in 1911. He was admitted as an advocate in 1914. He was commissioned into the 8th battalion Royal Scots in World War I and was seconded to the Machine Gun Corps in 1916, serving in Mesopotamia and reaching the rank of Major. He resigned his commission in 1921. He was appointed a King's Counsel in 1932. He was Member of Parliament (MP) for Stirling and Falkirk from October 1931 until his defeat in November 1935, and for Glasgow Hillhead from June 1937 until September 1948. He served as Solicitor General for Scotland from J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anisminic V Foreign Compensation Commission
''Anisminic Ltd v Foreign Compensation Commission'' 9692 AC 147 is a UK constitutional law case from the House of Lords in English administrative law. It established the " collateral fact doctrine", that any error of law made by a public body will make its decision a nullity and that a statutory exclusion clause (known as an ouster clause) does not deprive the courts from their jurisdiction in judicial review unless it expressly states this. Facts As a result of the Suez Crisis some mining properties of the appellant Anisminic (renamed from Sinai Mining Co.) located in the Sinai peninsula were seized by the Egyptian government before November 1956. Anisminic then sold the mining properties to The Economic Development Organisation (TEDO), owned by the Egyptian government, in 1957. In 1959 and 1962, Orders in Council were made under the Foreign Compensation Act 1950 to distribute compensation paid by the Egyptian government to the UK government with respect to British properties ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Justice Of Appeal
A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice of Appeal is the second highest level of judge in the courts of England and Wales. Despite the title, and unlike the former Lords of Appeal in Ordinary (who were judges of still higher rank), they are not peers. Appointment The number of Lord Justices of Appeal was fixed at five by the Supreme Court of Judicature Act, 1881, but has since been increased. Judges of the Court of Appeal of England and Wales are selected from the ranks of senior judges, in practice High Court judges with lengthy experience, appointed by the Monarch on the recommendation of the Prime Minister. The appointment is open to all types of civilians, including ministers of state and members of parliament. Jurisdiction Applications for permission to appeal a ruli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
