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An Analysis of Substantive Review in Singaporean Administrative Law

Daniel Tan

(2013) 25 SAcLJ 296

Abstract:
This article examines the development of substantive review in Singaporean administrative law jurisprudence vis-à-vis that of the UK. The study reveals that substantive review in Singapore is relatively underdeveloped due to the conflation between illegality and irrationality review and the reluctance of the courts to adopt proportionality review. It will be suggested that this state of affairs can be best explained by institutional factors as well as the “doctrine” of judicial deference. While this article will not consider the desirability of these autochthonous developments, two small proposals for reform of the law will be suggested.