The theoretical foundations of judicial review in Singapore
Abstract
Thetheoretical foundation of judicial review of administrative action has been thesubject of fierce debate among English scholars: the source jurisdiction ofmuch of public law in Singapore. In contrast, there is comparatively littleattention paid to the question of the particular theoretical foundations ofjudicial review in Singapore. Indeed, there is an inclination in Singapore caselaw and academia towards importing English theories of judicial review. Accordingly,this paper aims to contribute to the formulation of a proper theoreticalfoundation for judicial review in Singapore. It argues that with a proper understanding of the competing Englishtheories of judicial review, it will be apparent that they are not readilytransplantable to Singapore. As such, a unique theory of judicial review standsto be formulated in Singapore. A proper articulation of judicial review theorycan have significant consequences for judicial review doctrine: this paper usescase law relating to ouster clauses to exemplify this point.