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Singapore Legal System, Prime Minister, Where the statute is ambiguous…
Singapore Legal System
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Interpreting Legislation
Intrinsic Aids
- Long title, marginal/side notes, punctuation
- Definition sections
- Examples
i.e literal words used in the statute
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Extrinsic Aids
- Explanatory statements in a Bill
- Parliamentary Debates (speech by minister)
- Treaty or other International agreement
- Dictionaries
- Reports of the Law Reform Committee
- literal and purposive approach
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Prime Minister
- Implements & Enforces the enacted laws
(& supports subsidiary legislation)
- responsible for day to day administration of the country
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- Where the statute is ambiguous or obscure, then one may consider the purpose of (or mischief to be solved by) the statute to ascertain and apply the alternative that best serves the purpose of the statute.
- examine the purpose or object underlying the statute
- When there is a single plain and ordinary meaning that can be drawn from the words of a statute without ambiguity or absurdity, then that single meaning and only that meaning may be applied.
- words according to their plan and ordinary meaning
- alternate dispute resolution is available aside from litigation
- Concede
- Negotiate
- Mediate
- Conciliate
- Arbitrate
- Litigate
- Supreme law of Singapore
- Article 4: any law that is inconsistent with the constitution shall be void
- List of fundamental rights & due process
- separation of powers divides power among 3 arms to avoid excessive power to abuse
- helps determine the intention of parliament when faced with an ambiguous provision
- court can go beyond the words in legislation to discover the intention of parliament
- ONLY to confirm the ordinary meaning and ascertain the meaning when it is ambiguous or obscure
- literal rule should be followed unless it leads to an absurd result (ambiguous, irrational)
- judge can substitute a reasonable meaning to the statute made by parliament
- words should be considered in context of the mischief which legislation was trying to remedy
- considers 3 factors
- what the law was before the statute was passed
- the problem the statute remedies
- what remedy the parliament is providing
- of the same kind of words can be grouped and read narrowly
- noscitur a sociis means narrows a meaning of a broad word in context
- the mention of one thing excludes another
- act of parliament should be read as a whole & the same word is to have the same meaning throughout the Act
- A summary of facts
- A review of the legal arguments/principles
- The reasons or rationale for the decision
- The Decision itself
- originating process: a write of summons or an originating summons & defendant is served the document personally
- always apply the ordinary meaning of its words in context of purpose and object addressed in the statute
s 9A(1) of the Interpretation Act says that “an interpretation that would promote the purpose or object underlying the written law… shall be preferred to an interpretation that would not promote that purpose or object”