Publication Type

Journal Article

Version

acceptedVersion

Publication Date

12-2021

Abstract

In Singapore, the key institutions driving environmental protection are the legislature and the executive. The judiciary’s role in environmental protection has thus far been relatively minor. By drawing upon environmental law theory and comparative analysis of other common law jurisdictions, this paper aims to explore avenues through which the common law can be engaged more meaningfully to further environmental protection in Singapore. A conceptualisation of environmental law as directed at furthering the rule of law by promoting carefully-considered and participatory environmental governance will be suggested as a fruitful way forward for thinking about the role of the common law in environmental protection. Drawing upon this theory, as well as the experience of other common law jurisdictions, the paper will propose a set of concrete steps by which greater common law engagement with environmental protection in Singapore can be achieved.

Keywords

common law, Singapore, public trust doctrine, procedural environmental law, public consultation

Discipline

Asian Studies | Environmental Law

Research Areas

Public Interest Law, Community and Social Justice

Publication

Asian Journal of Comparative Law

Volume

16

Issue

2

First Page

218

Last Page

237

ISSN

2194-6078

Identifier

10.1017/asjcl.2021.16

Publisher

Cambridge University Press

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1017/asjcl.2021.16

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