threshold issues singapore administrative law threshold issues legal requirements singapore administrative law satisfied applicants claims judicial review acts decisions public authorities dealt high_court include showing standing bring cases matters judicial review court depending interest seeks represent standing categorized private public standing applicants establish private standing seek represent personal interests contrast seeks represent interests larger group public large establish public representative standing private standing concerned singapore courts directly addressed issue standing required obtain declaration administrative law case constitutional claims concerned held elements exist real interest bringing case real controversy parties case personal right possessed violated court suggested test applied applications orders legal position public standing administrative law cases date sought rely public standing obtain leave judicial review constitutional law cases court drawn distinction public private rights held people standing public rights suffered special damage genuine private interests protect decision body judicial review united_kingdom singapore law requires decision public element relate exclusively private law matters public element determined considering body power stems legal source source test nature body carrying public function nature test power exercised body legislative source judicial review absence compelling reasons contrary rule decisions sufficient public element review result body regarded having acted contract party having exercised statutory powers subject matter dispute high_court hear case decision executive authority generally considered non decision requires intricate balancing competing policy considerations judges ill equipped decide case limited training experience access materials judicial branch government tie hands conduct affairs traditionally falling decision involves exercise power elected branches entrusted care nonetheless dispute involve non area courts decide matter courts able pure question law seemingly non issue principle powers legal limits attorney general exercise discretion power pardon grant convicted persons exercised president cabinet advice exceptional cases instance powers exercised bad faith introduction administrative law claim heard merits high_court satisfy number legal requirements called threshold issues include showing standing bring case matter judicial review court standing standing latin place stand threshold requirement satisfy court permit proceed claim judicial review depending facts case establish categories standing seeks establish private standing represent interests contrast seeks establish public representative standing represent interests larger group people public large standing mixed question fact law court determines based legal principles doctrine standing prevents applicants court claims disruption administrative process administrative decision public authority challenged implementation decision authority delayed courts want restrict access applicants genuine interest challenging decision furthermore courts resources limited restricting access genuine claims ensures judicial resources appropriately allocated private standing sought judicial review declaration court stating legal position parties action based facts presented court singapore courts directly addressed issue standing required apply declaration administrative law case possible adopt test laid constitutional law cases attorney general held elements exist person standing bring constitutional challenge real interest bringing case real controversy parties case personal right possessed violated orders singapore sufficient interest subject application standing apply order mandatory prohibiting order previously rule standing mandatory orders rule applicable prohibiting orders apply mandatory order specific legal right matter contrast abuse power apply prohibiting order rule standing prohibiting orders relatively easy satisfy orders ensure good standards public administration united_kingdom courts gradually adopted single sufficient interest test orders commissioners customs cook example high_court sufficient interest test determine standing apply mandatory order singapore followed uniform test orders endorsed sufficient interest test mandatory orders case applied known mandatory order ensure disciplinary committee heard investigated charges levied advocate solicitor court applying decision house_of_lords held test standing sufficient interest subject matter specific legal right minister information arts constitutional challenge administrative law claim high_court noted sufficient interest test standing applies mandatory prohibiting orders held interest judged relation subject matter application hand case came minister information arts court held constitutional guarantee mean mean citizen complain courts violation citizen wait prosecuted assert constitutional rights citizen sufficient interest constitutional rights violated hard stated test standing applies orders read statements quoted implicit acceptance demonstrate violation right personal standing chief justice singapore suggested lecture singapore courts apply sufficient interest test courts stringent application sufficient interest test line green light approach courts adopt administrative law approach government commits good administrative practices courts play supporting role clear rules executive adhere accordingly courts adopt standing test discourage litigation executive ability carry good governance public standing public representative standing standing possessed brings case behalf larger group people interest general public need personal right interest long represented individuals public sufficient interest matter held adequate standing pursue case public standing ought accorded subject considerable academic judicial controversy regarded academic commentator test liberal standing rules legal regime common allowing form standing include need rule law need challenge particularly individual affected political said serve sufficient check administrative action grave law sufficient standing challenge action courts hand proponents closed restrictive system rules standing point need increased certainty law possibility abuse process conventional argument flood litigation additionally argued allowing applications persons weak claims standing efficiency executive practising good governance resources defending lawsuits delay implementation administrative decisions potentially resulting substantial damage involved position united_kingdom cases united_kingdom previously inconsistent issue permitting representative standing said courts recognize principle doctrine representative standing apply suitable cases narrow approach secretary state environment wales adopted narrow restrictive approach public standing justice held standing greater right expectation citizen country decision taken facts individual interested seeing remains historically significant theatre london called rose preserved accessible public lacked sufficient interest challenge secretary state environment decision list theatre protected monument ancient monuments archaeological areas act trust company formed number people greater claim standing individual members despite fact decision potentially leave unlawful act minister judge considered law function courts individual interested having legality administrative decision parliament given wide right access court expect decision makers act given parliament right apply judicial review event person lacks standing possibility able ask attorney general allow bring action scenario attorney general nominal judicial review proceedings case actually conducted individual bringing action means requirement standing individual attorney general interest law public benefit attorney general consent lend action matter lies entirely discretion decision considered courts addition argued attorney general principal legal advisor executive overly expect consent action government makes action uncertain unsatisfactory means obtaining relief broad approach united_kingdom present mainstream approach representative standing broad liberal focus ground review shown relationship complained demonstrated courts tend grant remedy directly affected executive decision representative standing accorded environmental campaign group challenged decision terms authorities allowed company test nuclear power plant justice considered sufficient representative standing fact supporters united_kingdom carries weight fact come region ignoring obvious disregard fact persons inevitably concerned genuine perception danger health safety additional discharge radioactive waste testing doubt issues raised application worthy determination court high water mark according representative standing found secretary state foreign case non partisan pressure group called challenged decision secretary state foreign award grant operation act basis ultra public funds representative standing accorded despite contention unlike members direct personal interest case merely seeking act interest potential overseas aid recipients giving judgment lord justice appeal identified following factors relevant representative standing accorded importance rule law importance issue raised likely absence responsible challenger nature breach duty relief sought role applicants giving advice guidance assistance regards subject matter dispute addition appears motivation relevant recognized having public standing case brought ill improper purpose courts reluctant recognize standing public interest case heard distinguished cases courts found standing represent identifiable individuals standing cases represent public interest public interest standing analysis regarded example recommended track system standing standing situations personal capacity case remedy lies debt justice matter right discretion court considers public interest accord standing position singapore singapore cases recognized standing applicants direct personal interest subject matter high_court appeared accept theory citizen right apply mandatory prohibiting orders order prevent abuse power public authority court discretion refuse grant claim regarded public support proposition citizen bring suit direct interest subject matter litigation court discretion accord standing considers public interest justice cited following comments lord justice thames court orders anybody apply member public particular party person particular application convenience stranger remedy purely person particular party remedy lies added necessary particular arising order complained sufficient abuse power hand drew distinction public rights held public authorities private right held private individual took view public right involved suffered special damage result public act challenged genuine private interest protect relying attorney general high_court held ordinary citizen standing challenge contingent loan billion offered assist dealing ongoing financial crisis promote global economic financial stability restrictive approach standing consistent green light approach administrative law adopted singapore courts decision body judicial review united_kingdom singapore law requires decision public element relate exclusively private law matters public element determined considering body power stems legal source source test nature body carrying public function nature test debate public private divide administrative law necessary contended division turned law wrong direction away flexibility procedure reminiscent bad old days suggested desirable alternative presents northern_ireland test review dependent public interest issue public private divide function expense legitimate interests individuals decisions public element position united_kingdom minister lord stated decision susceptible judicial review decision maker empowered public law ultimate source power nearly statute subordinate legislation source test ignores situations decisions dependent legal rules laid state increasing worry modern utilities private bodies perform governmental functions potentially escape form scrutiny led development nature test panel overs case issue body functions quasi judicial nature considerable facto public powers judicial review panel overs unincorporated association derive power directly legal source legislation informal body adopted self regulatory code govern members sir master rolls observed panel possesses immense power facto interpreting city code overs decisions lead sanctions indirectly affect rights citizens lord justice acknowledged source test usually decisive disagreed sole test determine public body subject judicial review explained instead helpful look nature power body question exercises public law functions exercise functions public law consequences remains uncertainty source test nature test ought determining test appears impact remains qualified light decisions source power held determining factor worth noting effect nature test greatly restricted practice insistence difference contractual governmental powers contractual relationship person body making decision affecting person tends place dispute private law public private divide making decision judicial review position singapore similar united_kingdom position judicial review singapore confined matters public law applicable tests source test nature test decision applied employee period employment extended prior warning employment contract later terminated complained statutory bodies ultimately unsuccessful having employment reinstated sought leave high_court apply judicial review course judgment accepted source test tests relied determine decision body judicial review addition noted held source test applicable test court embark discussion nature test found employer decisions concerning employment acted contractual terms service exercised statutory powers decisions susceptible judicial review invariably follow statutory body makes decision exercising statutory power marine singapore acknowledged leading authority singapore determining judicial review high_court said source test nature test applied singapore case leased land marine declined renew lease term expired marine challenged decision court held conferred power lease land terms lease land considerations taken account exercise power lease land private act private individual capable court added element public interest decisions sufficiently public nature granting acting like private landlord case high_court identified factors determine decision director company listed properly characterized public function factors include extent interwoven legislative regulatory matrix function statutory nature function statutory board approved exchange section act provides account interests investing general public obligations vital institutional ecosystem singapore financial sector function publicly listed company director potentially result adverse implications company business reputation director continued service board committees listed companies reasons nature test satisfied court appeal clarified attorney general power exercised body legislative source mean judicial review absence compelling reasons contrary rule situations statutory power judicial review examples include powers duties conferred imposed corporations companies act trustees trustees act court cited approval following passage beer trading law developed point source power clearly provides answer question decision body judicial review requires careful consideration nature power function exercised decision sufficient public element flavour character bring public law said justification criterion broad question begging provides framework investigation conducted emphasis added court said compelling reason indicates absence public element nonetheless statutory power duty good reason subject exercise power duty governed private law obligations public law judicial review proceedings emphasis added suggested judgment interpreted ways exercise power judicial review public element altogether insufficient public element interpretations complications regards interpretation difficult conceive exercise statutory power public element second interpretation correct doubt level required exercise power judicial review court explain exceptions decisions relating internal procedures parliament clearly established courts exercise self denying ordinance relation interfering proceedings parliament section act states shall freedom speech debate proceedings parliament freedom speech debate proceedings shall liable questioned court commission inquiry committee inquiry tribunal place whatsoever parliament section based article united kingdom bill rights speech debates proceedings ought questioned basis provision reasons long line authorities commonwealth held courts questioning freedom speech debates proceedings parliament legal action brought member legislature immunity extends independent persons appointed parliament exercising duties relation parliament activities held exceptions extreme circumstances members legislature know subsequently challenges saying parliament members confidence state fully freely identified extreme circumstances occurred lewis case held action proceed legislator accused libel subject matter alleged libel relates legislator conduct legislature effect parliamentary privilege exclude virtually evidence necessary justify libel action allowed proceed injustice defendant real danger media forced disclosure legislator parliament freedom speech justification impossible decisions high_court court appeal high_court inherent power review decisions inferior courts administrative bodies high_court judge review decision high_court judge high_court review decisions possess jurisdiction power entertain applications supervision decision jurisdiction power hear proceeding appeal decision high_court exercise original jurisdiction court review high_court decisions statutory creation section supreme_court act states exercises civil criminal jurisdiction issues judicial review excluded decision body possesses public element judicial review decision ousted statute court power review administrative decisions effectiveness clause depends facts individual case examples statutory clauses singapore section internal security act section industrial relations act provision determination final conclusive shall subject order prohibiting order mandatory order injunction court account decisions legal effect held singapore decisions public authority legal effect judicial review director prisons case concerning application order certification prison medical officer fit undergo punishment high_court held act conduct public servant way judicial review court agreed lord case decision susceptible judicial review decision maker empowered public law merely arbitration agreement private parties decisions lead administrative action action authority endowed law executive powers consequences mentioned preceding addition decision consequences affect person body persons decision maker affect affect person altering rights obligations person private law benefit advantage past permitted decision maker enjoy legitimately expect permitted continue communicated rational grounds withdrawing given opportunity comment received assurance decision maker withdrawn court held report prison medical officer obviously decision decision maker sense explained lord officer report fit legal effect judge duty bound impose sentence officer said report case judicial review court said example non decision making conduct police officer arresting person suspected committing offence approach adopted held law order lie public authority court words legal effect observed decision need direct legal effect consequence decision operates step process capable altering rights interests subject order court eventually concluded order lie decisions form actual legal effect direct indirect mere opinion clearly fall category present approach singapore decisions legal effect liberal united_kingdom said english courts broad view longer necessary demonstrate decision action direct legal consequences instance courts expanded scope matters fall judicial review challenges encompass press releases policy guidance issued public authorities illustrated case secretary state health guidance issued alleged unlawful article european convention human rights judicial review cases kind basis actions question indirect legal effect decisions having private effect private associations country clubs obvious public law function courts exercise judicial review decisions proceedings hearings relating disciplinary matters held decide persons deprived associations ensure fair comply requirements natural justice suggested courts jurisdiction matters depends contract rules association form contract members association need hearings conducted accordance natural justice implied term contract accordingly courts merely enforcing contract exercising judicial review function jurisdiction courts reviewing decisions domestic limited nature wales held member expelled club committing offence club constitution member given proper notice meeting opportunity attend meeting opportunity heard charges proceedings conducted fairly honest exercise powers given meeting club conditions having fulfilled court right consider meeting right decided reasonable court resolve factual issues scope tribunal inquiry singapore position similar held function courts rules natural justice observed decision honestly arrived court power review evidence purpose deciding tribunal came right conclusion function court exercising jurisdiction resolve issues fact proper sphere tribunal inquiry extent duty act fairly varies greatly case case basic norms conduct disciplinary proceedings need observed strictly future person stake express duty association decision conducting hearing inquiry exercise disciplinary powers person property rights impose penalty legal issue high_court grant leave apply judicial review recognizes limited capabilities courts certain issues fall judicial review matters nature litigation process judicial expertise doctrine based understanding separation powers need find right constitutional balance courts executive example matters policy preference public policy issues better left hands elected body persons concept precise definition caused critics questionable executive action remains nonetheless concept useful determining likelihood executive action judicial review position united_kingdom powers role courts royal refers exceptional powers privileges personally monarch important rights privileges arguably belong crown uses performance constitutional duties governing country important include legislative powers exercised orders council form delegated legislation powers relation conduct foreign affairs particular making treaties war powers respect organization disposition armed forces power certain honours power required government times emergency particularly wartime certain powers respect administration justice powers generally prime minister ministers matters political nature political judgment judicial control parliament appropriate forum debate best qualified control executive practice parliamentary ministers entirely effective powers government officials exercise behalf crown coupled weak system checks parliament executive lead abuse powers detrimental people possibility abuse coupled way administrative law judicial review evolved 1960s period judicial activism led courts united_kingdom increasing interest manner powers exercised evolution traditionally regulation executive action met judicial reluctance intervene certain types governmental discretion exercised powers regarded scope judicial scrutiny involved issues substantive policy developments focused substance issues hand merely accepting power non simply focus shifted source power subject matter director public lord stated duty courts alert prevent abuse lord master rolls applied similar reasoning held powers power government protect removing protection granted parties statute stated follows law interfere proper exercise discretion executive situations set limits defining bounds activity intervene discretion exercised mistakenly fundamental principle constitution seeing power exercised public good follows exercise examined courts power executive held powers board principle despite having established powers case cited approval case reflects modern position powers united_kingdom case unanimously held executive action immune judicial review merely carried power derived common law statutory source subject matter counted source case government order council banned employees joining trade union house_of_lords held exercise trade unions legitimate expectation prior consultation ban imposed failure consult unions unfair lapse proper procedure national security considerations lord cited authority secretary state stressing modern law judicial review overwhelmed old restrictions law relating judicial review reached stage said confidence subject matter respect power exercised matter court exercise power subject review accordance principles developed respect review exercise statutory power today controlling factor determining exercise power subject judicial review source subject matter legal implications areas considered potentially open judicial scrutiny united_kingdom courts list lord provided non nature subject matter judicial process included powers treaty making defence realm mercy granting honours dissolution parliament appointment ministers subsequent case law shows list largely accepted indication judges continued degree reaction developments prime minister justice accepted forbidden areas identified lord reduced cases attitude courts united_kingdom summarized comments lord justice smith mind cases today ruled strictly court cases involving national security properly called addition courts lack expertise material form judgment point issue position singapore minister home affairs applied threshold issue singapore minister home affairs arrested allegedly involved conspiracy undermine government issued detention orders section internal security act respondents submitted subject matter relates matters national security court reviewing exercising discretion matters national security left responsible court appeal agreed submission stating exercise discretion generally subject judicial review objective grounds court reviewing decision national security purposes position consistent holdings case court added need decision maker evidence court prove considerations national security involved mere assertion decision maker matter involves national security court judicial function determining decision fact based grounds national security words national security raised plea bar prevent court considering application court decide action national security requires left solely responsible facts court held plain reading section suggests decision necessary view preventing person acting manner security singapore decision clearly based national security considerations detention necessary matter solely executive judgment courts review decision terms exercise discretion fell scope section subsequent developments law relating discussed judicial commissioner high_court decision ltd examining line cases judge laid following principles principles concerning provinces executive decision making immune judicial review reflected doctrine separation powers embedded singapore westminster constitutional framework secondly span executive decisions immune judicial review include involving matters high policy dissolution parliament conduct foreign affairs making treaties matters pertaining war deployment armed forces national defence accorded executive branch respect decisions concerning matters high_court examined cases fall comfortably class court appeal england wales considered question determining territorial boundaries held definitive statement proper representative crown territory crown treated conclusive involved recognition sovereign status held question arises present case entity state enjoy sovereign immunity singapore matter exclusive province executive determine involved question matters fact matters policy apart issues foreign affairs national defence areas non interpretation international treaties operating solely international plane illustrated held court assume jurisdiction areas power court ruling states non area legislature clear particular question reserved executive answer noted section state immunity act requires claiming sovereign immunity lawsuits obtain certification situations court disregard executive judgment judicial commissioner rejected highly rigid approach determining issue theory separation powers interpreted applied intensity review depends context common sense approach taken environment agency noted context shade highlighted principles bear noting determining issue subject matter issue depends subject matter hand source decision making power principle stated reiterated executive best access available materials views decisive highly acknowledged matters fact public domain known executive sensitive facts concerned singapore system undesirable parties evidence trial furthermore facts presented court ability judges balance competing policy considerations decision requires intricate balancing competing policy considerations judges ill equipped decide limited training experience access materials courts avoid reviewing merits executive decisions mentioned lord held type evidence judicial process way tends exclude attention court competing policy considerations need weighed embarrassing tying hands executive court interfering judicial branch government tie hands conduct affairs traditionally falling wales held true purpose seeking court interpretation resolution limit government freedom relation use military force exercise diplomatic pressure advance matter regarded non areas entrusted elected branches court exercise restraint mind fact singapore system government operates framework equal branches areas power elected branches entrusted care explained matter state widespread possible effects respect given framework constitution democracy decide outcome instances executive legislature electorate judiciary sound dissatisfaction ballot box hong_kong challenged jurisdiction high_court hear suit brought respondents ground service writ effected accordance civil procedure convention set treaty judicial assistance civil commercial matters judicial review case court consider determining treaty applied hong_kong court depart views executive branch matter stated letter issued court held present case involve exercise sovereign legislative matters high policy concerned effect making treaty letter ministry exercise executive power merely statement opinion furthermore appeal engage foreign policy considerations treaty civil convention countries agreement render mutual judicial assistance foreign affairs state parties involve government conduct international affairs implicated procedures private serve defendants residing hong_kong interpreting treaty court determine domestic legal obligations respondents seeking serve writ jurisdiction issue treaty applied hong_kong ministry letter decisive matter discretion article constitution singapore attorney general institute conduct criminal proceedings provision wide powers attorney general discretion rule law attorney general powers absolute subject legal limits law society singapore judge bench high_court consisting chief justice judge appeal justice held power constitutional power absolute exercise challenged exceptional case court held review exercise power declare prosecution unconstitutional breach constitutional power example prosecution brought bad faith motive punish accused person offence committed prosecution found accused person constitutional rights happen law enforcement officers commit crimes agents particularly manner accused persons committing crimes attorney general prosecute accused persons officers accused persons right equality guaranteed article constitution power traditionally common law mercy power executive government pardon grant convicted criminal regarded outside courts jurisdiction non changed decision secretary state held mercy circumstances case considered attorney general chief justice expressing opinion case clearly decided mercy exercised based error law case home secretary type pardon grant based arbitrary considerations courts review merits decision court described power singapore exclusively executive merits despite extra legal power legal constraints agreeing tan neo court held power subject judicial review shown exercised bad faith purposes addition fact article constitution specific procedural death penalty cases indicates power ensure complied article requires documents trial judge court attorney general opinion case sent cabinet consideration advise president exercise power procedural requirements imply cabinet constitutional duty consider documents good faith advising president evidence cabinet consider case good faith example met discuss case tossed coin instead properly considering materials transmitted cabinet breached article situation courts able review decision conclusion mandated guarantee article constitution person deprived life personal liberty save accordance law exceptions subject matter case generally non exceptions courts review case instance dispute involve non area closer look courts decide matter situation courts intervene review case example given judicial commissioner appears raise question international law fact bears application domestic law court find court similarly distinguished interpretation treaty generally consideration application international treaty reference facts individual case allowed secretary state foreign wales took view decision secretary state exercised royal deny passport british citizen residing abroad raised issue high policy matter involving foreign affairs matter administrative decision affecting rights individuals freedom travel judicial commissioner mentioned exception rule courts able pure question law seemingly non issue judge explain exception applied discussed singapore case cases singapore law society singapore singapore law reports reissue court appeal singapore minister information arts high_court singapore minister information arts singapore neutral citation incorrect case decided singapore ltd singapore attorney general singapore attorney general singapore jurisdictions house_of_lords minister panel overs wales government malaysia supreme_court malaysia appeal new_zealand works jack martin mark administrative law text materials oxford new_york isbn cane peter standing public public law judicial review angst lecture singapore management university second year law students archived original december peter anthony gordon filter mechanisms available textbook administrative law oxford isbn wade william christopher administrative law 10th oxford isbn articles jack june need develop principles review cane peter open standing democratic society unified approach archived original june david january public interest litigation constitutional theory comparative perspective modern law review finn chris administrative decisions redundant concept federal law review archived original chris questions paper delivered vii world congress international association constitutional law athens june athens association greek archived original june thomas judicial review margins law power archived original march law law transformation disappearance political question doctrine north_carolina law review archived original books non political questions judge democracy princeton isbn jack review christopher hare essays public law honour sir oxford isbn chris standing standing peter woods terry administrative law facing future old constraints isbn mitchell law canada 2nd toronto isbn wade william christopher restriction administrative law 10th oxford isbn
Threshold issues in Singapore administrative law