Publication Type
Journal Article
Version
publishedVersion
Publication Date
12-1994
Abstract
One of the major controversies in the area of statutory interpretation has centred on the use of parliamentary materials as extrinsic aids by courts in interpreting legislation. The English courts long prohibited any reference to parliamentary materials.' Legislation was passed in Australia in the 1980s to allow liberal reference to parliamentary materials in the courts. More recently, a seminal decision of the House of Lords in 1992 in Pepper (Inspector of Taxes) v. Hart' introduced significant flexibility into the hitherto rigid proscription followed in the English courts, although it did not go as far as the legislative reforms in Australia. Pepper v. Hart was immediately applied by courts in Singapore in two cases. Shortly thereafter, in early 1993, the Singapore Parliament passed legislation5 modelled on that in Australia. Like the legislation in Australia, it also directs courts to give statutory provisions an interpretation which would promote the object or purpose underlying the statute. This article will examine these developments and assess their likely impact on the practice of the courts in Singapore.
Discipline
Asian Studies | Contracts
Research Areas
Corporate, Finance and Securities Law
Publication
Statute Law Review
Volume
15
Issue
2
First Page
69
Last Page
97
ISSN
0144-3593
Identifier
10.1093/slr/15.2.69
Publisher
Oxford University Press (OUP): Policy E - Oxford Open Option D
Citation
BECKMAN, Robert C. and PHANG, Andrew B.L..
Beyond Pepper v. Hart: The legislative reform of statutory interpretation in Singapore. (1994). Statute Law Review. 15, (2), 69-97.
Available at: https://ink.library.smu.edu.sg/sol_research/4167
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1093/slr/15.2.69