Publication Type
Journal Article
Version
publishedVersion
Publication Date
1-1983
Abstract
A study of the cases and literature with regard to stare decisis in Singapore and Malaysia will reveal at least one salient characteristic - the propensity, primarily of the Courts, to misread statutes and twist them (whether inadvertently or otherwise) in order to justify a particular conclusion. Ironically enough, at the end of the day, similar (though not identical) conclusions could have been reached without the need to resort to any particular statutory provision. In this short article, I shall not endeavour to retrace ground already well covered by others, but will set out, in rather summary form, further reflections on the use (or abuse, rather) of statutory provisions in the context of our doctrine of precedent.
Discipline
Asian Studies | Legal History
Research Areas
Corporate, Finance and Securities Law
Publication
Singapore Law Review
Volume
4
Issue
155
First Page
155
Last Page
164
ISSN
0080-9691
Publisher
National University of Singapore Faculty of Law
Citation
PHANG, Andrew B.L..
Stare Decisis in Singapore and Malaysia: A sad tale of the use and abuse of statutes. (1983). Singapore Law Review. 4, (155), 155-164.
Available at: https://ink.library.smu.edu.sg/sol_research/4194
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://heinonline.org/HOL/LandingPage?handle=hein.journals/singlrev4&div=22&id=&page=