Books by Kevin Y . L . Tan
Academy Publishing, 2021
February 2021
Papers by Kevin Y . L . Tan
Asian Journal of Comparative Law, 2018
European Journal of International Law, 2011
Asian Approaches to International Law and the Legacy of Colonialism, 2012
Indian Yearbook of Comparative Law, 2020
INTRODUCTION I. General II. Towards Independence and Three Imperatives A. Economic Growth B. Mana... more INTRODUCTION I. General II. Towards Independence and Three Imperatives A. Economic Growth B. Managing Ethnicity C. Political Dominance III. Organisation of this Book 1. A BRIEF CONSTITUTIONAL HISTORY I. Introduction II. The Straits Settlements Period (1819-1942) A. The Founding of Modern Singapore B. Early Administration of the Straits Settlements C. Becoming a Colony Proper III. The Japanese Occupation (1942-45) IV. The Colony of Singapore (1946-58) V. The Rendel Constitution VI. Constitutional Talks and Self-government (1956-58) VII. Merger and Separation (1963-65) A. The 'Battle for Merger' B. The Rift between Singapore and the Federation C. The 1964 Racial Riots VIII. Post-1965 Developments A. The Aftermath of Independence B. The Wee Cong Jin Commission C. Changes to the Judiciary D. Entrenching Singapore's Sovereignty E. Changes to the Parliamentary System F. The Elected President G. Amendment to Citizenship Laws IX. Conclusion 2. CONSTITUTIONALISM IN SINGAPORE I. I...
Asian Law eJournal, 2018
The following is an edited transcript of a filmed interview I did with Professor Lee Sheridan on 2... more The following is an edited transcript of a filmed interview I did with Professor Lee Sheridan on 29 December 2014 at his home in Cardiff, Wales. I first met Sheridan back in 1985 when I was a law student at the Faculty of Law, National University of Singapore. At the time, I worked through the Law Club to launch a series of lunch-time lectures and talks and through the good offices of Professor Tommy Koh, was able to invite Sheridan to deliver one of these talks. Over the years, I have had many correspondences and interviews with Sheridan. As a result, parts of this particular interview sound like half-finished conversations from an earlier time. I decided to leave them be, rather than edit them out as it gives the reader a better ‘feel’ of the Sheridan charm and mystique. I do not cover the entirety of Sheridan’s academic life or work as that has already been comprehensively documented in Andrew Phang, “Founding Father and Legal Scholar: The Life and Work of Professor LA Sheridan” [199...
Singapore’s 2011 general election will go down in history as its most significant since independe... more Singapore’s 2011 general election will go down in history as its most significant since independence. This volume offers a snapshot of the heady days leading up to Polling Day on 7 May 2011, and the immediate aftermath that saw seven ministers leave the cabinet. Nine established scholars evaluate the impact of these historic elections from the perspectives of law, history, politics, media, and sociology.
Singapore Academy of Law Journal, 2017
This article argues that for the separation of powers doctrine to work, it is not enough that we ... more This article argues that for the separation of powers doctrine to work, it is not enough that we consider what the relevant branches of government are or how power is to be distributed between them. What most scholars seem to have ignored is the need for constitutions to take into account and bring under the law, all legitimate forms of power within a polity. Unless this is done, such extraconstitutional sources of power may supplant the constitutional order because of the greater legitimacy it enjoys, outside the constitutional framework.
The Singapore parliament's creation of an elected presidency in 1991 was the biggest constitu... more The Singapore parliament's creation of an elected presidency in 1991 was the biggest constitutional and political change in Singapore's modern era. This multi-disciplinary study gathers papers from leading scholars in law, history, political science and economics to examine how political change is managed in Singapore. It is an authoritative addition to debates surrounding the management of political change in developing countries more generally.
Choice Reviews Online, 1990
... C. BRYANT CHAN HENG CHEE CHENG Soo MAY CHIA LIN SIEN CHIA Slow ... YC LIM SHIRLEY LIM... more ... C. BRYANT CHAN HENG CHEE CHENG Soo MAY CHIA LIN SIEN CHIA Slow ... YC LIM SHIRLEY LIM TREVOR LING JUZAR MOTIWALLA ONG JlN HUI Ooi GlOK LlNG ... WILLMOTT, ALINE K. WONG WONG POH POH YAP Mui TENG STEPHEN HK YEH INSTITUTE ...
The development of public law is seldom regarded as a sine qua non for development. This is espec... more The development of public law is seldom regarded as a sine qua non for development. This is especially so in Asia where power and authority are viewed with respect rather than with suspicion, unlike in the west. This is ironic since Asian states have traditionally been very strong, and their roles have expanded greatly over the last forty years. Government intervention in the economy is now a given, and in many states, large bureaucracies, government agencies and government-linked companies have emerged. The expansion of the public sector calls for a legal framework of controls. If public law is to fulfill its function to check on the abuse or arbitrary exercise of executive power, it must grapple with three challenges: (a) Asian legal culture; (b) the need for governments to govern, seek legitimacy and maintain stability; and (c) extensive state intervention in the economy.
Law and Society in Malaysia Pluralism Islam and Development, Jul 14, 2011
The creation of the Federation of Malaysia in 1963 was tumultuous. Kelantan considered seceding f... more The creation of the Federation of Malaysia in 1963 was tumultuous. Kelantan considered seceding from the Federation, and war with Indonesia was narrowly averted. The resulting creation of a new constitutional order that drew together a number of former British colonies also transformed the Federation of Malaya into Malaysia. A new bargain embracing law, federalism and ethnicity had been struck and its terms enshrined in a new Constitution. But exactly what were the terms of that new bargain? Did all the parties agree to Malay dominance? Did the agreement to accept Islam as the official religion of Malaysia correspondingly translate into having Islamic law trump the Constitution? This paper takes a historical look at the anxious days leading to the forging of Greater Malaysia, re-examining the constitutional bargain that was struck, and considering its consequences for contemporary Malaysia's multi-ethnic society.
National Taiwan University Law Review, Sep 1, 2012
Professor Kevin Tan is an expert in constitutional law. With a background in legal history he has... more Professor Kevin Tan is an expert in constitutional law. With a background in legal history he has written widely on both legal history and constitutional law. He approaches the study of constitutionalism in Asia by focusing on historical and other different contexts. In this round table he was invited to share his knowledge on constitutionalism and the search for legal and political legitimacy in Asia. He dissects political and legal phenomena that caught many Asian states in frenzy and puts them in their espective context.
Singapore Journal of Legal Studies, 1991
Page 1. Singapore Journal of Legal Studies [1991] pp. 179 - 194 THE ELECTED PRESIDENCY IN SINGAPO... more Page 1. Singapore Journal of Legal Studies [1991] pp. 179 - 194 THE ELECTED PRESIDENCY IN SINGAPORE: CONSTITUTION OF THE REPUBLIC OF SINGAPORE (AMENDMENT) ACT 1991 Introduction AFTER much debate ...
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Sing. Ac. LJ
Any lawyer studying the constitutional histories of former British colonies will quickly realize ... more Any lawyer studying the constitutional histories of former British colonies will quickly realize that the transition from colony to independence on the basis of an established constitutional framework in these former colonies have often proved disastrous. Indeed, the failure of constitutional government in these former colonies has been the norm rather than the exception. Singapore's story is in that sense unique. This brief history of Singapore's constitutional development from 1945 to the present documents the various changes that have taken place over the past 45 years. ...
The Korean Journal of International and Comparative Law, 2020
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Books by Kevin Y . L . Tan
Papers by Kevin Y . L . Tan