Publication Type
Journal Article
Version
publishedVersion
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
Publication
Singapore Academy of Law Journal
Volume
28
First Page
472
Last Page
502
ISSN
0218-2009
Publisher
Singapore Academy of Law
Citation
GOH, Yihan.
Where judicial and legislative powers conflict: Dealing with legislative gaps (and non-gaps) in Singapore. (2016). Singapore Academy of Law Journal. 28, 472-502.
Available at: https://ink.library.smu.edu.sg/sol_research/1793
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
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