Where judicial and legislative powers conflict: Dealing with legislative gaps (and non-gaps) in Singapore
This article is concerned with the resolution of legislative gaps in Singapore. Legislative gaps can arise obviously, such as when the draftsman mistakenly omitted an obvious word in a legislative provision. Gaps can also arise more ambiguously, such as where an old statute has not kept pace with mo...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2016
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/1793 https://ink.library.smu.edu.sg/context/sol_research/article/3745/viewcontent/5874__2016__28_SAcLJ_472_502__Judicial_and_Legislative_Powers_Conflict___Goh_Yihan_.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | This article is concerned with the resolution of legislative gaps in Singapore. Legislative gaps can arise obviously, such as when the draftsman mistakenly omitted an obvious word in a legislative provision. Gaps can also arise more ambiguously, such as where an old statute has not kept pace with modern development, thereby leaving a gap between the statute’s broad objects and particular application. Beyond the presence of gaps, the courts also have to consider how much weight, if at all, is to be placed on the absence of gaps. This article will propose a framework for dealing with legislative gaps (and non-gaps) in the local context. |
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