An Uncertain Future for Substantive Legitimate Expectations in Singapore: SGB Starkstrom Pte Ltd v Commissioner of Labour [2016] 3 SLR 598
(2018) Apr (2) Public Law 192
Posted: 9 Jan 2018 Last revised: 21 Sep 2018
Date Written: January 4, 2018
Abstract
In SGB Starkstrom Pte Ltd v Commissioner of Labour [2016] 3 SLR 598, the Singapore Court of Appeal was faced with the question of whether to accept the doctrine of substantive legitimate expectations in Singapore law. The Singapore Court of Appeal refrained from expressing a definitive conclusion on the matter, and took the opportunity to express a number of its concerns over the doctrine. The note explores the ramifications of the case on the future of substantive legitimate expectations in Singapore. It argues that the Court of Appeal’s concerns with the doctrine are not insurmountable, and that it may yet be possible to formulate the doctrine in a manner consistent with Singapore’s constitutional and socio-political context to make a valuable contribution to Singapore’s administrative law jurisprudence.
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