Exclusion of judicial review in Singapore law
Exclusion of judicial review has been attempted by the Parliament of Singapore to protect the exercise of executive power. Typically, this has been done though the insertion of finality or total ouster clauses into Acts of Parliament, or by wording powers conferred by Acts on decision-makers subjectively. Finality clauses are generally viewed restrictively by courts in the United Kingdom. The courts there have taken the view that such clauses are, subject to some exceptions, not effective in denying or restricting the extent to which the courts are able to exercise judicial review. In contrast, Singapore cases suggest that ouster clauses cannot prevent the High Court from exercising supervisory jurisdiction over the exercise of executive power where authorities have committed jurisdictiona
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Exclusion of judicial review in Singapore law
Exclusion of judicial review has been attempted by the Parliament of Singapore to protect the exercise of executive power. Typically, this has been done though the insertion of finality or total ouster clauses into Acts of Parliament, or by wording powers conferred by Acts on decision-makers subjectively. Finality clauses are generally viewed restrictively by courts in the United Kingdom. The courts there have taken the view that such clauses are, subject to some exceptions, not effective in denying or restricting the extent to which the courts are able to exercise judicial review. In contrast, Singapore cases suggest that ouster clauses cannot prevent the High Court from exercising supervisory jurisdiction over the exercise of executive power where authorities have committed jurisdictiona
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Exclusion of judicial review h ...... er than the ISA are concerned.
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A decision of the Presidential ...... appeal or review in any court.
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If the President is satisfied ...... od not exceeding two years ...
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An example of a finality clause: Article 18 of the Constitution of Singapore
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An example of a subjectively worded power: Section 8 of the Internal Security Act
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Internal Security Act
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Internal Security Act
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Exclusion of judicial review h ...... s have committed jurisdictiona
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Exclusion of judicial review in Singapore law
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