Constitutionalising Capital Crimes: Judicial Virtue or 'Originalism' Sin?

Singapore Journal of Legal Studies, 2011, July, pp. 281-288

8 Pages Posted: 6 Oct 2017

See all articles by Po Jen Yap

Po Jen Yap

The University of Hong Kong - Faculty of Law

Date Written: 2011

Abstract

This comment seeks to respond to Professor Thio Li-ann’s arguments recently published in this Journal, where she applauds the Singapore Court of Appeal in Yong Vui Kong v. Public Prosecutor for its purported discernment of the Framers’ original intent when interpreting the Constitution of the Republic of Singapore, and its newfound receptivity to comparative reasoning in constitutional adjudication. This author is in complete agreement insofar as Professor Thio lauds the value of comparative constitutionalism in Singapore.

However, this author respectfully disagrees with the learned Professor’s defence of the Court’s decision on an originalist understanding of the Singapore Constitution.

Suggested Citation

Yap, Po Jen, Constitutionalising Capital Crimes: Judicial Virtue or 'Originalism' Sin? (2011). Singapore Journal of Legal Studies, 2011, July, pp. 281-288, Available at SSRN: https://ssrn.com/abstract=3038417

Po Jen Yap (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01274

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
18
Abstract Views
232
PlumX Metrics