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SAL Journal 2013 Special Issue (Constitutionalism and Criminal Justice)

This issue features articles on:

(a) the 1982 Canadian Charter of Rights and Freedoms and how it has changed the Canadian criminal justice system;

(b) the factors which affect the Hong Kong Judiciary in its interpretation of the constitutional right to be presumed innocent and the right against self-incrimination;

(c) how ideas of constitutionalism, rule of law and fundamental rights have contributed to the development of criminal law in India; (d) the vulnerability of suspects, accused and convicted persons whilst in custody in South Africa and the possible explanations for it including a social justice deficit and ambiguity in commitment to constitutional values;

(e) how interaction with the European Court of Human Rights has shaped the way that UK courts, governments and Parliament have acted on criminal justice issues and vice versa;

(f) fair treatment developments in transnational and international criminal law at the international level and how national actors should approach these developments;

(g) the need to shape the extent of criminal liability by taking into consideration the moral foundations of criminal law in Singapore; (h) state of the law in Singapore on aspects of the right of silence and the right of access to a lawyer of a suspect who is in custody; and

(i) the evolution of Singapore’s criminal process and hopes for the future.

 

Profiles of Author(s)/Editor(s)/Contributor(s):

 

Associate Professor Chan Wing Cheong, Amaladass Fellow of the National University of Singapore Faculty of Law, is a founding member of the Asian Criminological Society. His research interests lie in criminal law and family law and in recent years have extended to child law, victims of crime and elder law. He is a regular speaker at conferences and forums on criminal law and family law and has written extensively on these subjects.
 
Professor Michael Hor teaches criminal law and administration of criminal justice at the National University of Singapore Faculty of Law. His research interests lie in criminal evidence, procedure and law, and Constitutional due process. He was formerly the Chief Editor of the Singapore Journal of Legal Studies, and is a member of the editorial committee of the Singapore Academy of Law Journal and the Singapore Law Review.

 

 

Contents

 

Articles by
1. Chan Wing Cheong and Michael Hor
2. Kent Roach
3. Johannes Chan SC
4. Shubhankar Dam
5. Pamela J Schwikkard
6. Liora Lazarus and Ryan Goss
7. Cheah Wui Ling
8. Chan Wing Cheong
9. Ho Hock Lai
10. Michael Hor
 
Case Notes by
N/A
 
Book Review by
N/A
 
Articles
1. Introduction – Constitutionalism and Criminal Justice
2. Canada’s Experience with Constitutionalism and Criminal Justice
3. Constitutional Protection of the Right to be Presumed Innocent and the Right against Self-incrimination – The Hong Kong Experience
4. Criminal Wrongs and Constitutional Rights – A View from India
5. Death in Democracy
6. Criminal Justice under the United Kingdom Human Rights Act – Dynamic Interaction between Domestic and International Law
7. Fair Treatment in Transnational and International Criminal Law – International Developments and National Relevance
8. No Punishment without Fault – Kindling a Moral Discourse in Singapore Criminal Law
9. The Privilege against Self-incrimination and Right of Access to a Lawyer – A Comparative Assessment
10. The Future of Singapore’s Criminal Process
 
 
Products specifications
Article Type SAL Journal 2013
ISBN ISSN 0218-2009
Publication Type JOURNAL
Shipping Rate To Singapore FREE
Weight 0.88200
Width 15.00000
Depth 3.00000
Height 24.00000
C$ Redeemable No
This issue features articles on: (a) the 1982 Canadian Charter of Rights and Freedoms and how it has changed the Canadian criminal justice system; (b) the factors which affect the Hong Kong Judiciary in its interpretation of the constitutional right to be presumed innocent and the right against self-incrimination; (c) how ideas of constitutionalism, rule of law and fundamental rights have contributed to the development of criminal law in India; (d) the vulnerability of suspects, accused and convicted persons whilst in custody in South Africa and the possible explanations for it including a social justice deficit and ambiguity in commitment to constitutional values; (e) how interaction with the European Court of Human Rights has shaped the way that UK courts, governments and Parliament have acted on criminal justice issues and vice versa; (f) fair treatment developments in transnational and international criminal law at the international level and how national actors should approach these developments; (g) the need to shape the extent of criminal liability by taking into consideration the moral foundations of criminal law in Singapore; (h) state of the law in Singapore on aspects of the right of silence and the right of access to a lawyer of a suspect who is in custody; and (i) the evolution of Singapore’s criminal process and hopes for the future.


Author(s)/Editor(s)/Contributor(s): Associate Professor Chan Wing Cheong and Professor Michael Hor (guest editors)


PRICE (inclusive of GST)
$32.10

This issue features articles on:

(a) the 1982 Canadian Charter of Rights and Freedoms and how it has changed the Canadian criminal justice system;

(b) the factors which affect the Hong Kong Judiciary in its interpretation of the constitutional right to be presumed innocent and the right against self-incrimination;

(c) how ideas of constitutionalism, rule of law and fundamental rights have contributed to the development of criminal law in India; (d) the vulnerability of suspects, accused and convicted persons whilst in custody in South Africa and the possible explanations for it including a social justice deficit and ambiguity in commitment to constitutional values;

(e) how interaction with the European Court of Human Rights has shaped the way that UK courts, governments and Parliament have acted on criminal justice issues and vice versa;

(f) fair treatment developments in transnational and international criminal law at the international level and how national actors should approach these developments;

(g) the need to shape the extent of criminal liability by taking into consideration the moral foundations of criminal law in Singapore; (h) state of the law in Singapore on aspects of the right of silence and the right of access to a lawyer of a suspect who is in custody; and

(i) the evolution of Singapore’s criminal process and hopes for the future.

 

Profiles of Author(s)/Editor(s)/Contributor(s):

 

Associate Professor Chan Wing Cheong, Amaladass Fellow of the National University of Singapore Faculty of Law, is a founding member of the Asian Criminological Society. His research interests lie in criminal law and family law and in recent years have extended to child law, victims of crime and elder law. He is a regular speaker at conferences and forums on criminal law and family law and has written extensively on these subjects.
 
Professor Michael Hor teaches criminal law and administration of criminal justice at the National University of Singapore Faculty of Law. His research interests lie in criminal evidence, procedure and law, and Constitutional due process. He was formerly the Chief Editor of the Singapore Journal of Legal Studies, and is a member of the editorial committee of the Singapore Academy of Law Journal and the Singapore Law Review.

 

 

Contents

 

Articles by
1. Chan Wing Cheong and Michael Hor
2. Kent Roach
3. Johannes Chan SC
4. Shubhankar Dam
5. Pamela J Schwikkard
6. Liora Lazarus and Ryan Goss
7. Cheah Wui Ling
8. Chan Wing Cheong
9. Ho Hock Lai
10. Michael Hor
 
Case Notes by
N/A
 
Book Review by
N/A
 
Articles
1. Introduction – Constitutionalism and Criminal Justice
2. Canada’s Experience with Constitutionalism and Criminal Justice
3. Constitutional Protection of the Right to be Presumed Innocent and the Right against Self-incrimination – The Hong Kong Experience
4. Criminal Wrongs and Constitutional Rights – A View from India
5. Death in Democracy
6. Criminal Justice under the United Kingdom Human Rights Act – Dynamic Interaction between Domestic and International Law
7. Fair Treatment in Transnational and International Criminal Law – International Developments and National Relevance
8. No Punishment without Fault – Kindling a Moral Discourse in Singapore Criminal Law
9. The Privilege against Self-incrimination and Right of Access to a Lawyer – A Comparative Assessment
10. The Future of Singapore’s Criminal Process
 
 
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Products specifications
Article Type SAL Journal 2013
ISBN ISSN 0218-2009
Publication Type JOURNAL
Shipping Rate To Singapore FREE
Weight 0.88200
Width 15.00000
Depth 3.00000
Height 24.00000
C$ Redeemable No
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This special issue focuses on the following topics: (a) an international perspective on the choice of law governing the substantive validity of international arbitration agreements; (b) Swiss and English arbitration laws, the material differences, as well as differences in interpretation; (c) the law applicable to the issue of arbitrability; (d) meaning, scope and sources of procedural law and lex arbitri; rights of parties to opt out and create their own procedural framework, limits on that freedom; and the process for determining the seat of arbitration; (e) extent to which voie indirecte and voie directe converge in practice; (f) state incapacity and sovereign immunity in international arbitration in, eg, Singapore, the US and the UK, and before international tribunals; (g) the different approaches adopted by investment treaty tribunals when determining the law applicable to the dispute and the significance of different treaty structures; (h) Singapore perspective on the interaction and impact of cross-border insolvencies on arbitration proceedings; (i) the origins of the Henderson rule and its operation in practice where parties have participated in a prior arbitration and then seek to commence fresh proceedings raising matters that could and should have been brought in the earlier arbitration; and (j) a survey on how Singapore courts have addressed the choice of law issues that arise in the context of setting-aside challenges to an award, challenges to the enforcement of an award, and in determining the applicable law in the arbitration.


Author(s)/Editor(s)/Contributor(s): The Right Honourable the Lord Collins of Mapesbury, Chan Leng Sun SC and Michael Hwang SC


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