Judicial Review in Singapore, Malaysia and the Philippines

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Pawarit Lertdhamtewe

Abstract

Judicial review by (ordinary) courts presents another form of constitutional review, which was developed through precedent laid down by the U.S. Supreme Court in Marbury v Madison (1803) decision. Its roles and functions are similar to those of the Constitutional Court whereby the court can strike down the legislation that are in contrary to the constitutional principles. This form of review appears in three ASEAN member states, including Singapore, Malaysia and the Philippines due to their linked with common legal system. The overall objective of this paper is to consider constitutional review in Singapore, Malaysia and the Philippines. Emphasis will be given to an analysis of the roles and functions of the courts and relevant decisions. The examination is also based on a comparison with the Constitutional Court of Thailand.

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Research Articles
Author Biography

Pawarit Lertdhamtewe, Faculty of Law, Ramkhamhaeng University

Pawarit Lertdhamtewe holds Ph.D. degree from the University of London where he was a Herchel Smith Scholar. He is currently a director of LL.M. program at Bangkok University, Thailand. He has been commissioned by a number of international organizations and Thai public institutions, such as Quaker United Nations Office in Geneva, Office of the Constitutional Court of Thailand, as well as the Ministry of Justice.