exclusion judicial review singapore law exclusion judicial review attempted protect exercise executive power typically total clauses acts parliament wording powers conferred acts decision makers clauses generally viewed courts united_kingdom courts taken view clauses subject exceptions effective denying restricting extent courts able exercise judicial review contrast singapore cases suggest clauses prevent high_court exercising jurisdiction exercise executive power authorities committed errors law effective non errors law partial time limit clause restricted period remedy available clauses generally effective public authority acted bad faith similarly existence bad faith applicants challenge decisions authorities despite existence statutory provisions declaring decisions conclusive evidence certain facts absence bad faith courts enforce conclusive evidence clauses general powers viewed singapore courts minister home affairs court appeal took view objective test applied exercise discretion conferred cap president minister home affairs concerning detention trial persons thought risk national security jurisdiction high_court completely ousted examine relevant decision makers exercised powers properly legislative amendments reversed effect courts apply test exercise discretion excluding judicial review doubt procedures set act adhered test applicable context rule objective test applies powers continues apply statutes concerned total clauses clause statute attempt legislature prevent act decision public authority challenged courts clauses serve signal decision makers operate fear intervention courts later stage common kind clause total clause inserted statute indicate decision particular judge tribunal final challenged court main legal issue clauses fact possible exclude jurisdiction courts use carefully drafted provisions noted courts generally clauses rule law judges finally declare legal limits power individual ultimate law denied courts try strictly impact going grain parliamentary clauses related administrative law concept non errors law traditionally common law clause court interfering decision public authority acting jurisdiction committed non error law clause effective preventing judicial review errors law affect jurisdiction authority decision instance medical appeal tribunal lord justice appeal alfred said settled remedy taken away statute clear explicit words word final effect clause decision final facts final law notwithstanding decision statute final issue excess jurisdiction error law face record light developments law longer applicable depending judicial school thought employed position general rule starting point clauses effects landmark decision case house_of_lords regarded having abolished distinction non errors law considering effect clause faced provision stated determination commission application act shall called question court law judgment lord differentiated arguments forth parties held respondents argued provision clearly denied court ability question determination question hand involve questioning purported determination instead focused fact valid determination pointed seek determination questioning purported determination maintaining exist determination held established principle provision ordinary jurisdiction court strictly provision reasonably capable having meanings meaning preserves ordinary jurisdiction court taken parliament intended introduce new kind clause protect questioned better drafting provision required judgment lord took opportunity deal issue non errors law recognizing traditional understanding errors law effect stated cases decision maker jurisdiction decide determination gave non list cases decision maker given decision bad faith decision power failed course inquiry comply requirements natural justice perfect good faith provisions giving power act failed deal question decided question refused account required account based decision matter legal provisions establishing decision maker right account significance reject effectiveness clauses decision valid recognized provision protects determination written lord affirmed clause question effective prevent award judicial review remedy error law jurisdiction appears defined concept error law broadly redundant old divide non errors led use word wide sense cover errors law entailed judgment effect reducing effect statutory clauses expanding limits judicial review later cases treated implying action committed error administrative agency body deemed affect jurisdiction body carry action court law despite clause blurred distinction non errors law recognized discussed lord president page house_of_lords reviewed development general principles judicial review concluded courts intervene ensure powers public decision making bodies exercised judgment lord referred reilly opined decision rendered obsolete distinction errors law face record errors law extending doctrine ultra clause ineffective decision maker acted non nature parliament conferred decision making power basis exercised correct legal basis law making decision rendered decision ultra issue revisited subsequent case application cart supreme_court united_kingdom disapproved certain lower courts appeared signal return pre position according lord justified importance showed material error law renders decision decision principle went state matter principle justification drawing line error opinion restrictions judicial review require justification review available challenge legality decisions public bodies exceptions decisions domestic laws court decisions despite ruling appears instances courts bound non error law divide cane noted views distinction non errors law relevant second errors law jurisdiction view takes middle ground allows certain exceptions approach second view middle ground approach discussed page dealt court intervene review decision visitor university lord found reasons general rule errors law apply visitors reason courts intervene normal case decision considered ultra law applicable decision body general law land visitor page apply general law land domestic law university charter statutes sole courts visitor law reaching decision general law applicable law secondly difference kinds decisions considered judicial review source reasoning judgment lord justice keepers governors lord noted judgment approved majority case lord highlighted decision applies administrative bodies parliament intend bodies final questions law contrasted courts law respect present instead parliament provided decision inferior court final conclusive high_court find inferior court decision question law final conclusive excluding jurisdiction review views expressed lord questioned cane regards reason argued distinction domestic law general law problematic institutions actually operate statutory framework result mixed issue general domestic law arising view taken lord applied described actual scope page resolved uncertainty extent exception applies decision makers visitors second reason concerned cane noted distinction administrative courts questionable approach rejected apparently lord comprehensive tribunal system correct errors law exception found cart judgment having affirmed position taken lord qualified statement emphasizing scope judicial review necessary maintaining rule law facts case found necessary maintenance rule law require judicial review courts enforcement act parliament system administrative created hear appeals lower avoiding ordinary courts overwhelmed judicial review applications system provided ample opportunity correction errors law substantive policy reason need decisions subject judicial review judicial review permitted decision raise important point principle practice compelling reason singapore position high court case application suggests pre position clauses applies singapore distinction non errors law clause ineffective error law committed clause question section industrial relations act states subject provisions act award shall final conclusive award decision order court president referee shall challenged appealed reviewed called question court shall subject prohibition injunction court account court rejected affirmed abolition distinction effect effectiveness clauses instead court cited authorities holding clauses ineffective absence jurisdiction excess jurisdiction decision maker position characterized law prior court refer observe house_of_lords held clause involved case irrelevant purported determination legally incorrect considered real determination effect ultimately court order contained error law caused court exceed jurisdiction minister manpower employee fired incompetence accused company unfair dismissal representations minister manpower section employment act reinstated investigating claim ministry came conclusion dismissal cause recommended payment employee section provides decision minister representation section shall final conclusive shall challenged court company applied judicial review minister decision high_court held clause section employment act ineffective breach rules natural justice process minister decision reached judgment justice stated broad principle governing matter case follows words statute power high_court review decisions inferior tribunal strictly effect power inferior tribunal acted jurisdiction failed course inquiry nature decision lord inferior tribunal merely error law affect jurisdiction decision reason breach rules natural justice effective lecture students chief justice briefly discussed decision pointed justice statements decision based breach natural justice doctrine error law considered academic argument clause inconsistent article singapore constitution judicial power singapore courts chief justice stated proposition answered follow jurisdiction courts ousted need singapore courts draw distinction non errors law highlighted fact expressing opinion issue partial time limit clauses unlike total clause seeks judicial review entirely partial time limit clause restricted period time remedy available clauses generally effective public authority acted bad faith case decision subject judicial review time permitted challenging smith east rural district council house_of_lords concluded majority partial clause according plain words given plain meaning fraud public authority alleged contrast lord gave opinion doubted order obtained corrupt fraudulent means protected questioned court despite subsequent ruling secretary state environment wales applied smith upheld validity partial clause gave applicants weeks challenge decision lord master rolls explained partial clauses promoted certainty executive actions public interest applicants challenge decisions time limit expired delay actions taken executive lord justice appeal intention parliament uses clause questions validity excluded considered legislative intention questions raised specified grounds prescribed time prescribed manner jurisdiction court excluded interest certainty conclusive evidence clauses provisions statutes declaring certain decisions public authorities shall conclusive evidence facts found singapore courts valid effect preventing applicants challenging decisions way judicial review attorney general alleged acquired land required public purposes land acquisition act high_court held argument rejected light section act provided president declaration land needed public purpose shall conclusive evidence land needed purpose specified court said government declares certain purpose public purpose presumed government possession facts induce government declare purpose public purpose court clarified section prevent judicial intervention evidence government exercised power compulsory acquisition bad faith powers method employed legislature restrict judicial review courts cast statutory language form power suggests discretion exercise power rests entirely minister statutory body agency referred case view taken court power exercised examples powers include powers stated minister directs minister thinks fit clauses courts traditionally displayed resistance provisions practice subject normal grounds judicial review set forth case minister case words exercise power determined illegal improper internal security act objective test section internal security act minister home affairs person trial president satisfied step necessary person things threat national security section act states minister direct detention order suspended subject conditions minister sees fit direction satisfied failed observe condition necessary public interest seminal court appeal decision minister home affairs respondents submitted president discretion section open review courts argued discretion objective court law review grounds discretion exercised court held objective test applied powers sections exercise powers normally grounds judicial review coming decision disapproved high_court decision minister held contrary court views objective test later singapore decisions confirmed correct approach gave reasons decision reasoning cases supporting test found questionable secondly test inconsistent article constitution finally notion discretion contrary rule law powers legal limits legislative intervention january constitution republic singapore amendment act act passed parliament confirm test laid law governing judicial review executive powers acts came force january respectively speaking second reading constitutional amendment bill minister said government taking step view courts application objective test judicial executive functions matters pertaining national security judiciary ill equipped deal stance objective test courts substitute views proper exercise power conferred executive separation powers doctrine judicial process unlike executive decision making swift response national security threats courts unlike executive lacked access evidence relevant security matters judges possess skill knowledge security experts employed executive furthermore objective test find favour government imported united_kingdom commonwealth jurisdictions objective test formulated foreign judges consideration singapore local conditions government idea allowing objective test shape development singapore law matters national security said government recognized test enhanced potential abuse executive discretion best safeguard abuse power courts powers judicial review government composition courts judicial check instead crucial safeguard electorate wise voting choices honest government power amendments constitution paved way intended amendments new article stated issue validity act decision president minister home affairs arose court proceedings commenced january determined accordance law enacted parliament purpose article constitution relied law article parliament inserted new sections particular section confirmed judgment declaring law governing judicial review decision act power conferred president minister provisions act shall applicable declared singapore 13th day july law date country commonwealth relating judicial review shall apply addition section subject section seeks judicial review court act decision president minister save question relates compliance procedural requirement governing acts decisions said parliament section sought prevent courts questioning test legal challenges basis test laid applies judicial review detention orders acts decisions president minister suspension directions directions operation powers amendments amendments challenged high_court minister home affairs justice held sections govern judicial review context act consideration legal position laid remarks applying test respondents burden legality detention discharged respondents produced valid detention order evidence satisfaction president acting advice cabinet risk national security appealed section accordance clear legislative intention expressed plain wording provision held provision legal position laid law governing judicial review decisions acts executive powers order determine law judicial review exercise executive discretion necessary exact decision laid court declined decision meant detention order challenged basis reasons completely outside scope facts case established detained reasons contemplated section completely unrelated national security notably court decide section reviewing detention order shown purposes national security amendments outside scope legislative power conferred parliament amended article constitution statutes amendments constitution exercise powers courts non compliance procedures set act hand objective test laid continues law governing judicial review exercise executive discretion provisions statutes attorney general court appeal opined legislative amendments completely reverse apart restricting courts jurisdiction reviewing decisions procedural parliament principle laid notion discretion power legal limits contrary rule law demands courts able examine exercise power parliament undermine principle reversed taken endorsed principle minister statutory provision question section criminal law temporary provisions act states follows minister home affairs satisfied respect person person large custody person associated activities criminal nature minister consent satisfied necessary person detained interests public safety peace good order order hand direct person detained period exceeding months date order satisfied necessary person subject supervision police order direct person subject supervision police period exceeding years date order emphasis added court appeal suggested light validity order detention minister section dependent objective satisfaction minister sin involved judicial review detention section high_court following decision held absence need establish precedent fact meant scope judicial review regards exercise minister discretion section limited grounds judicial review court applied objective test powers section court applied test deferred satisfaction minister detention interests public safety peace good order cases house_of_lords application singapore law reports reissue high court singapore minister home affairs singapore archived original december lung minister home affairs singapore lung minister home affairs singapore lung lord president page cart supreme_court attorney general singapore works cane peter substantive review introduction administrative law 4th oxford isbn peter anthony gordon express judicial review time limit clauses textbook administrative law 6th oxford new_york isbn archived original articles theory melting pot south east asia fire bricks paul review clauses administrative law northern_ireland legal quarterly wade constitutional administrative aspects case law quarterly review books special relationship oxford isbn christopher conceptual reasoning rule law christopher hare essays public law honour sir oxford isbn wade henry william christopher restriction administrative law 10th oxford isbn
Exclusion of judicial review in Singapore law