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Article: The "Dead" constitution: Crime and punishment in singapore
Title | The "Dead" constitution: Crime and punishment in singapore |
---|---|
Authors | |
Issue Date | 2010 |
Publisher | Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/ |
Citation | Hong Kong Law Journal, 2010, v. 40 PART 3, p. 577-591 How to Cite? |
Abstract | In Yong Vui Kong v Public Prosecutor, the Singapore Court of Appeal recently reaffi rmed the constitutionality of the mandatory death penalty for drug traffic cking offences under the Misuse of Drugs Act. Specifi cally, the Singapore Court held that the judicial obligation to impose a capital sentence, once guilt for the drug offence was so established, was neither a violation of the accused's constitutional right against the deprivation of his life in accordance with law nor a denial of his right to equal protection under the law. In this article, the author argues that, whilst one may be sympathetic to their Lordships for reaching the result they did, in light of the political realities underpinning Singapore's constitutional arrangement, the legal arguments advanced by the Court of Appeal for their decision unfortunately do not withstand close scrutiny. |
Persistent Identifier | http://hdl.handle.net/10722/156006 |
ISSN | 2023 Impact Factor: 0.3 2020 SCImago Journal Rankings: 0.112 |
References |
DC Field | Value | Language |
---|---|---|
dc.contributor.author | Yap, PJ | en_US |
dc.date.accessioned | 2012-08-08T08:39:28Z | - |
dc.date.available | 2012-08-08T08:39:28Z | - |
dc.date.issued | 2010 | en_US |
dc.identifier.citation | Hong Kong Law Journal, 2010, v. 40 PART 3, p. 577-591 | en_US |
dc.identifier.issn | 0378-0600 | en_US |
dc.identifier.uri | http://hdl.handle.net/10722/156006 | - |
dc.description.abstract | In Yong Vui Kong v Public Prosecutor, the Singapore Court of Appeal recently reaffi rmed the constitutionality of the mandatory death penalty for drug traffic cking offences under the Misuse of Drugs Act. Specifi cally, the Singapore Court held that the judicial obligation to impose a capital sentence, once guilt for the drug offence was so established, was neither a violation of the accused's constitutional right against the deprivation of his life in accordance with law nor a denial of his right to equal protection under the law. In this article, the author argues that, whilst one may be sympathetic to their Lordships for reaching the result they did, in light of the political realities underpinning Singapore's constitutional arrangement, the legal arguments advanced by the Court of Appeal for their decision unfortunately do not withstand close scrutiny. | en_US |
dc.language | eng | en_US |
dc.publisher | Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/ | en_US |
dc.relation.ispartof | Hong Kong Law Journal | en_US |
dc.title | The "Dead" constitution: Crime and punishment in singapore | en_US |
dc.type | Article | en_US |
dc.identifier.email | Yap, PJ:pjyap@hku.hk | en_US |
dc.identifier.authority | Yap, PJ=rp01274 | en_US |
dc.description.nature | published_or_final_version | en_US |
dc.identifier.scopus | eid_2-s2.0-79954988562 | en_US |
dc.relation.references | http://www.scopus.com/mlt/select.url?eid=2-s2.0-79954988562&selection=ref&src=s&origin=recordpage | en_US |
dc.identifier.volume | 40 | en_US |
dc.identifier.issue | PART 3 | en_US |
dc.identifier.spage | 577 | en_US |
dc.identifier.epage | 591 | en_US |
dc.publisher.place | Hong Kong | en_US |
dc.identifier.scopusauthorid | Jen Yap, P=37097350700 | en_US |
dc.identifier.issnl | 0378-0600 | - |