Abstract:
Although there are strong justifications for public authorities to give reasons for administrative decisions, the common law duty to give reasons has not found favour in most Commonwealth jurisdictions. This article examines why this is so, and argues that the position ought to be different in Singapore where the statutory duty to give reasons is relatively undeveloped. Moreover, implementing a common law duty to give reasons would be consistent with two key features of administrative law in Singapore – the green light conception and judicial deference. This article then suggests a three-stage framework that administrative decision-makers can consult to determine whether and to what extent reasons are required in each case. It also proposes legal and remedial measures that can achieve the purpose of the duty while taking into account Singapore’s unique institutional conventions and the courts’ prevailing attitude towards judicial review.