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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Main Author: GOH, Yihan
Format: text
Language:English
Published: 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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spelling sg-smu-ink.sol_research-37452020-04-02T07:03:46Z Where judicial and legislative powers conflict: Dealing with legislative gaps (and non-gaps) in Singapore GOH, Yihan 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. 2016-05-01T07:00:00Z text application/pdf 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 http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Legislation
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Legislation
spellingShingle Legislation
GOH, Yihan
Where judicial and legislative powers conflict: Dealing with legislative gaps (and non-gaps) in Singapore
description 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.
format text
author GOH, Yihan
author_facet GOH, Yihan
author_sort GOH, Yihan
title Where judicial and legislative powers conflict: Dealing with legislative gaps (and non-gaps) in Singapore
title_short Where judicial and legislative powers conflict: Dealing with legislative gaps (and non-gaps) in Singapore
title_full Where judicial and legislative powers conflict: Dealing with legislative gaps (and non-gaps) in Singapore
title_fullStr Where judicial and legislative powers conflict: Dealing with legislative gaps (and non-gaps) in Singapore
title_full_unstemmed Where judicial and legislative powers conflict: Dealing with legislative gaps (and non-gaps) in Singapore
title_sort where judicial and legislative powers conflict: dealing with legislative gaps (and non-gaps) in singapore
publisher Institutional Knowledge at Singapore Management University
publishDate 2016
url 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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