Legislation and Case Notes: The Power of Legal Processes and Section 377A of the Penal Code
Singapore Journal of Legal Studies, p.457, December 2012
10 Pages Posted: 2 Oct 2013
Date Written: December 31, 2012
Abstract
On 21 August 2012, the Court of Appeal issued a landmark decision that elucidates the conditions under which a person has legal standing to challenge legislation for being in violation of a constitutional right in Singapore. In allowing the appeal and finding that the appellant in the case of Tan Eng Hong had locus standi to argue that s. 377A of the Penal Code infringes art. 12 of the Constitution of the Republic of Singapore, the decision enabled the fate of a contentious criminal provision to be determined by a full hearing. As doctrinal analysis of this decision will undoubtedly be forthcoming and abundant, this commentary will examine its implications from a different angle.
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