Chng Suan Tze v. Minister for Home Affairs

Chng Suan Tze v. Minister for Home Affairs

Jesse Russell Ronald Cohn

     

бумажная книга



ISBN: 978-5-5127-0119-5

High Quality Content by WIKIPEDIA articles! Chng Suan Tze v. Minister for Home Affairs is a seminal case in administrative law decided by the Court of Appeal of Singapore in 1988. The Court decided the appeal in the appellants` favour on a technical ground, but considered obiter dicta the reviewability of government power in preventive detention cases under the Internal Security Act ("ISA"). The case approved the application by the court of an objective test in the review of government discretion under the ISA, stating that all power has legal limits and the rule of law demands that the courts should be able to examine the exercise of discretionary power. This was a landmark shift from the position in the 1971 High Court decision Lee Mau Seng v. Minister of Home Affairs, which had been an authority for the application of a subjective test until it was overruled by Chng Suan Tze.