Publication Type

Case note/Digest

Version

submittedVersion

Publication Date

3-2022

Abstract

It is a general principle of administrative law that the courts will not compel a decision-maker to perform a public duty in a particular manner by way of a mandatory order. Notably, in CBB v Law Society of Singapore [2021] SGCA 6, the Singapore Court of Appeal accepted that an exception could be made to this general principle where there was only one reasonable way to perform the public duty in question. Beyond the decision’s obvious ramifications for the law relating to public law remedies in Singapore, this note argues that the Court of Appeal’s reasoning bears significant implications for administrative law in Singapore more broadly. Indeed, the Court’s ruling is indicative of a shift in attitude towards the legality-merits distinction, a foundational principle of administrative law in Singapore.

Keywords

Legality-merits distinction, mandatory order, public law remedies, judicial review, grounds of review, administrative law

Discipline

Administrative Law | Asian Studies | Legal Remedies

Research Areas

Public Law

Publication

Oxford University Commonwealth Law Journal

Volume

22

Issue

1

First Page

108

Last Page

115

ISSN

1472-9342

Identifier

10.1080/14729342.2022.2026629

Publisher

Taylor & Francis

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1080/14729342.2022.2026629

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