Remedies in Singapore administrative law

rdf:langString Remedies in Singapore administrative law

rdf:langString Supreme Court of Judicature Act

rdf:langString Subordinate Courts Act

rdf:langString Government Proceedings Act

rdf:langString The remedies available in Singapore administrative law are the prerogative orders – the mandatory order (formerly known as mandamus), prohibiting order (prohibition), quashing order (certiorari), and order for review of detention (habeas corpus) – and the declaration, a form of equitable remedy. In Singapore, administrative law is the branch of law that enables a person to challenge an exercise of power by the executive branch of the Government. The challenge is carried out by applying to the High Court for judicial review. The Court's power to review a law or an official act of a government official is part of its supervisory jurisdiction, and at its fullest may involve quashing an action or decision and ordering that it be redone or remade. A mandatory order is an order of the High Court commanding a public authority to perform a public duty, while a prohibiting order operates to prevent illegal action by an authority from occurring in the first place. A quashing order, the most commonly sought prerogative order, has the effect of invalidating an ultra vires decision made by an authority. Obtaining a mandatory, prohibiting or quashing order is a two-stage process, as an applicant must be granted leave by the Court to apply for the order. The Court must find the existence of a proper public law issue and available grounds of review. Leave will be granted provided that an arguable and prima facie case of reasonable suspicion that the authority has acted in breach of administrative law rules is established. An order for review of detention directs someone holding a person in detention to produce the detainee before the High Court so that the legality of the detention can be established. The power of the Court to require that this be done is specifically mentioned in Article 9(2) of the Constitution of Singapore. While the other prerogative orders may only be applied for with the court's permission, an order for review of detention may be applied for without prior permission from the court. A declaration is a pronouncement by a court stating the legal position between the parties to an action, based on the facts that have been presented to the court. Before 1 May 2011, it was not possible to apply for prerogative orders and declarations in the same set of legal proceedings. Following that date, changes to Order 53 of the Rules of Court permitted an application for a declaration to be made together with an application for one or more prerogative orders. However, the application for a declaration cannot be made unless the court grants leave for the prerogative orders to be applied for. The Government Proceedings Act bars the High Court from granting injunctions against the Government or one of its officers. An injunction is an equitable private law remedy that restrains a public authority from doing an act that is wrongful or ultra vires. In place of an injunction, the Court may make a declaration concerning the parties' rights. At common law, there is no general right to claim damages – that is, monetary compensation – if rules of public law have been breached by an authority. In order to obtain damages, an aggrieved person must be able to establish a private law claim in contract or tort law.