Where Judicial and Legislative Powers Conflict: Dealing with Legislative Gaps (and Non-Gaps) in Singapore
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.
Law, Society and Governance
Singapore Academy of Law Journal
Singapore Academy of Law
Where Judicial and Legislative Powers Conflict: Dealing with Legislative Gaps (and Non-Gaps) in Singapore. (2016). Singapore Academy of Law Journal. 28, 472-502. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1793