19 April 2008

Prosecute or nothing

What's rotten about the regulation of speech in Singapore is not just a question of this rule or that rule, but the entire way it is done. The process, or the system, is the bigger problem. Full essay.

5 comments:

Anonymous said...

in order to re-establish the MDA laws, first the source of it all needs to be re-established first..the PAP aka the goverment.

Justice and equality? nonsense.
Do your part, vote for more opposition in the next GE.

Nevin said...

You misunderstand the workings of the law. Even if the statute says "(4) The decision of the Minister in any appeal shall be final." You can STILL apply to court for 'judicial review'(http://en.wikipedia.org/wiki/Judicial_review). This applies even if the power is exercised under the ISA.

Yawning Bread Sampler said...

nevin-

I am aware that judicial review is still possible, but Singapore has no tradition of judicial review worthy of the name.

Singapore courts are so deferential to the executive, even if someone sues for judicial review, the most likely outcome is that the court only will ask whether the minister has adhered to the process as set out by statute - that is, whether the minister properly followed procedure in the exercise of his right of final determination. The court is unlikely to insert itself into the substantive issues of whether that final determination was the right one or wrong one, since the statute clearly says that is a decision for the minister to make.

Anonymous said...

I agree with YB. Judicial review also could conceivably be used to declare laws unconstitutional. In my opinion, many laws in Singapore are actually incompatible with our constitution, but the judiciary has no tradition of this type of review. I don't think our judicial system will have truly matured until a law is declared unconstitutional, which would demonstrate true judicial independence.

Anonymous said...

There appears to be some similarity between the Malaysia and Singapore judiciaries as both of them gives the impression that the judiciary is overly compliant to the executive branch of the respective governments.

If that is the impression that we get from the judiciary branch, then what can we expect from the stat boards or GLCs - Lopsided regulatory systems ?