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In Council of Civil Service Unions v. Minister for the Civil Service (1983), [63] Lord Diplock stated that for a decision to be susceptible to judicial review, the decision-maker must be empowered by public law, and the ultimate source of power is nearly always a statute or subordinate legislation. However, this "source test" ignores many ...
The Singapore Civil Service is the bureaucracy of civil servants that supports the Government of Singapore. Along with the Singapore Armed Forces (SAF), statutory boards, and other independent government bodies, the civil service makes up the overall public service of Singapore. [1] As of 2022, the civil service has about 87,000 employees. [2]
In the seminal United Kingdom case of Council of Civil Service Unions v. Minister for the Civil Service ("the GCHQ case", 1983), [17] the House of Lords identified three well-established broad headings under which a claim for judicial review of administrative action may be made: illegality, irrationality, and; procedural impropriety.
Procedural impropriety in Singapore administrative law is one of the three broad categories of judicial review, the other two being illegality and irrationality.A public authority commits procedural impropriety if it fails to properly observe either statutory procedural requirements, or common law rules of natural justice and fairness.
Fettering of discretion by a public authority is one of the grounds of judicial review in Singapore administrative law.It is regarded as a form of illegality.An applicant may challenge a decision by an authority on the basis that it has either rigidly adhered to a policy it has formulated, or has wrongfully delegated the exercise of its statutory powers to another body.
As these reforms have not been followed in Singapore, [138] the Singapore High Court is not empowered to grant injunctions under Order 53 of the Rules of Court. In addition, if civil proceedings are taken against the Government, section 27 of the Government Proceedings Act [ 76 ] bars the High Court from granting injunctions against it.
Statutes of the Singapore Parliament, as well as English statutes in force in Singapore by virtue of the Application of English Law Act 1993 [77] , are published in looseleaf form in a series called the Statutes of the Republic of Singapore which is gathered in red binders, and are also accessible on-line from Singapore Statutes Online Archived ...
The issue as to whether resources are a relevant consideration in the field of public service provision is said to be a "particularly difficult" one. [33] Whether resources are a relevant consideration in each case depends on the wording of the relevant statutory provisions, and how the court reads the overall legislative scheme. [33] [34]