‘All Power Has Legal Limits’: The Principle of Legality as a Constitutional Principle of Judicial Review

29 Singapore Academy of Law Journal 667-689 (2017)

23 Pages Posted: 22 Mar 2018

See all articles by Jaclyn L. Neo

Jaclyn L. Neo

National University of Singapore (NUS) - Faculty of Law; National University of Singapore (NUS) - Centre for Asian Legal Studies (CALS); National University of Singapore (NUS) - Centre for International Law

Date Written: December 2017

Abstract

The now familiar passage in Chng Suan Tze v Minister for Home Affairs asserting that all power has legal limits has been declared to be a principle of legality that functions as a “basic principle” in constitutional and administrative judicial review. This article provides a close examination of case jurisprudence in Singapore to determine exactly how this passage has influenced the development of this area of law. Specifically, it argues that while the principle of legality has been used to justify and expand reviewability of both statutory and constitutional executive powers, there is scope to develop the principle to further extend the scope of reviewability as well as to justify a more robust approach to judicial review in Singapore.

Keywords: Constitutional Law; Administrative Law; Singapore

Suggested Citation

Neo, Jaclyn L, ‘All Power Has Legal Limits’: The Principle of Legality as a Constitutional Principle of Judicial Review (December 2017). 29 Singapore Academy of Law Journal 667-689 (2017), Available at SSRN: https://ssrn.com/abstract=3144333

Jaclyn L Neo (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

National University of Singapore (NUS) - Centre for Asian Legal Studies (CALS) ( email )

469G Bukit Timah Road
Singapore

National University of Singapore (NUS) - Centre for International Law ( email )

Block B, #02-01
469 Bukit Timah Road
Singapore, 259776
Singapore

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