Category: Right to equality and equal protection (Article 12)

The Limits of Prosecutorial Discretion

Attorney-General's Chambers, Singapore

The Attorney-General’s Chambers, Singapore. (By Sgconlaw, CC BY-SA 3.0, via the Wikimedia Commons.)

Marcus Teo
Fourth-year LLB student
Faculty of Law, National University of Singapore

IN A RECENT opinion piece published in The Straits Times,[1] Professor Walter Woon examined the role and functions of the Attorney-General (“AG”) and argued that the AG’s independence should be strengthened, among other ways, by separating the AG’s current function as a legal advisor to the government from his prosecutorial function. With respect to the latter, Professor Woon reminds us that decisions to prosecute or not involve a “judgment call”, and that “[t]here are many reasons why a decision may be taken not to prosecute.” However, such decisions have serious consequences for accused persons, victims of crimes, and the public. Continue reading

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The Status of International Human Rights Conventions under Singapore Domestic Law

Jaclyn L Neo
Assistant Professor,
Faculty of Law, National University of Singapore

The High Court today struck out Wee Kim San Lawrence Bernard’s application for judicial review on the basis that the plaintiff had no locus standi. Mr. Wee had argued that the government’s failure to clarify the position that homosexual males are protected from discrimination under Article 12 of the Constitution of the Republic of Singapore is a violation of his constitutional rights. One of Mr. Wee’s arguments was that the Singapore government’s obligation to provide protections for homosexuals stems from its accession to both the UN Convention on the Rights of Persons with Disabilities (“UNCRPD”) and the Convention to Eliminate All Forms of Discrimination Against Women (“CEDAW”).

Leaving aside the substantive question of whether the provisions under UNCRPD or CEDAW cover and assist claims for protection against sexual orientation discrimination, the case raises interesting legal question of the status of ratified treaties/conventions under Singapore law. Singapore is a dualist state. This means that ratified treaties/conventions are not part of domestic law until specifically incorporated. This contrasts with monist states, where treaties are self-executing/automatically incorporated; no additional legislative act is required. Continue reading

The Past, Present and Future of the Internal Security Act

Handcuffs

Illustration by Vectorportal.com [CC-BY-2.0],
via Flickr.)

Jack Tsen-Ta Lee
Assistant Professor of Law
School of Law, SMU

MORE THAN 60 YEARS have passed since a law permitting detention without trial first took effect in Singapore. The need for the current version of this law, the Internal Security Act (ISA), has been questioned on many occasions, most recently last year when Malaysia announced that it was reviewing its own version of the Act. Each time, the Government has reaffirmed the statute’s relevance. Is this statute still necessary in modern-day Singapore? Continue reading