Title

Where Judicial and Legislative Powers Conflict: Dealing with Legislative Gaps (and Non-Gaps) in Singapore

Publication Type

Journal Article

Publication Date

5-2016

Abstract

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.

Discipline

Legislation

Research Areas

Law, Society and Governance

Publication

Singapore Academy of Law Journal

Volume

28

First Page

472

Last Page

502

ISSN

0218-2009

Publisher

Singapore Academy of Law

Additional URL

http://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal/Current-Issue/ctl/eFirstPublicAbstractView/mid/494/ArticleId/1158?Citation=(2016)+28+SAcLJ+472