A theoretical perspective of the public policy doctrine in the conflict of laws

• Main Author: CHNG, Kenny
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2018
• Subjects: public policy; conflict of laws; private international law; legal theory; choice of law; recognition of foreign judgments; Conflict of Laws
• 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
• Institution: Singapore Management University

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.