A theoretical perspective of the public policy doctrine in the conflict of laws
The public policy doctrine in the conflict of laws hasbeen often characterised as uncertain and ambiguous. This article aims toexamine the doctrine at common law from a theoretical perspective in order to:first, determine whether the substantive considerations which courts haveinvoked under the publ...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2018
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/2742 https://ink.library.smu.edu.sg/context/sol_research/article/4700/viewcontent/Theoretical_perspective_of_the_public_policy_doctrine_in_the_conflict_of_laws_2018_afv.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | The public policy doctrine in the conflict of laws hasbeen often characterised as uncertain and ambiguous. This article aims toexamine the doctrine at common law from a theoretical perspective in order to:first, determine whether the substantive considerations which courts haveinvoked under the public policy doctrine are theoretically justifiable; second,discern principled boundaries around the courts’ exercise of the defence. Througha study of case law and an examination from first principles of the normativebasis for the recognition of foreign laws and judgments, this article proposesa set of principles that can form the theoretical underpinning of the publicpolicy doctrine, and will examine how the proposed principles can providepractical guidance to judges in their application of the public policy doctrine. |
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