The continuing resistance to foreign law in constitutional adjudication in Singapore

Thiruvengadam, Arun K. (2016) The continuing resistance to foreign law in constitutional adjudication in Singapore. In: Constitutional Interpretation in Singapore: Theory and Practice. Routledge, Abingdon, Oxon; New York, NY, pp. 318-340. ISBN 9781315690766

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Abstract

The Singapore courts have had occasion to reference foreign law in several cases, and this has in turn generated a fair amount of scholarly literature. This chapter explains the practice of trans-judicial influence. Vicki Jackson argued that the way judges have used foreign law can broadly be characterised as conforming to one of three models: convergence, resistance, or engagement. Judges such as Justice Antonin Scalia of the US Supreme Court argue that considerations of enhancing the democratic legitimacy of judicial decisions and limiting judicial discretion require that comparative law be rejected decisively. David Tan's suggests that more recent decisions of the Singapore courts in the area of free speech rights, all of which were delivered during the tenure of Chan CJ, show a willingness to move 'beyond four walls' and engage with decisions from common law jurisdictions. Eugene Tan's chapter makes a more complex claim about current trends of trans-judicial influence in Singapore.

Item Type:	Book Section
Authors:	Thiruvengadam, Arun K.
Editors:	Editors Email ORCID Neo, Jaclyn L. UNSPECIFIED UNSPECIFIED
Document Language:	Language English
Subjects:	Social sciences > Political Science > Civil & political rights Social sciences > Law Social sciences > Law > Constitutional & administrative law
Divisions:	Azim Premji University - Bengaluru > School of Public Policy and Governance
Full Text Status:	Restricted
URI:	http://publications.azimpremjiuniversity.edu.in/id/eprint/7299
Publisher URL:	https://www.taylorfrancis.com/chapters/edit/10.432...

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