Singapore 'shared values' and law: Non east versus west constitutional hermeneutic

This article examines the apparent contradictions in Singaporean interpretation and application of its Westminster modeled Constitution in which the Constitution is treated as any other piece of legislation and Western style individual rights are easily overrun. It also examines the Government's particularist claim to Asian values as an explanation for its handling of the Constitution and seeks an alternative approach to understand the Constitution with reference to the Government publication, the Shared Values. The author suggests that this Document serves as a quasi-Constitution, and finds that interpreting two leading cases with this hermeneutic leads to a more satisfactory understanding of the court's decisions. The article concludes that the Government's approach toward the law to create the society it envisioned and published in the Document is a different and pragmatic issue, rather than a result of any fundamental East versus West cultural difference.

Escalation and deceleration of offending behaviours from adolescence to early adulthood

Relatively little longitudinal research is available in Australia to describe I the age/crime relationship in much detail, particularly patterns of offending occurring during the transition from adolescence to early adulthood. This paper addresses this issue using self-reported criminal involvement from a school-based sample, a group of socially disadvantaged individuals, and a group of officially identified offenders. The findings support the widespread research that rates of offending peak during adolescence, at which time offending is widespread, and that the criminal career is of relatively short duration. However, the results also demonstrate that the age/crime curve is not a unitary phenomenon. The type of offending behaviour being considered, the gender of the population, and the perpetrator's exposure to the criminal justice system contribute to the variability in the curve. In this study, the prevalence and mean level of overall offending for the total sample was higher during early adulthood than adolescence for vehicle offences and drug-use, rates of theft were similar in both periods, and vandalism and serious offending were lower. In addition, socially disadvantaged young people reported involvement in crime that peaked and desisted earlier in the life course compared to the school-based sample, and gender differences within these groups were also found. For the school-based sample, offending for females began and desisted earlier than for males, but within the at-risk group, the opposite was true. Implications for crime-prevention programming are discussed.

Faith and politics: The rhetoric of church-state separation

Criticism of religiously motivated contributions to public policy debate is largely misconceived. It assumes that the mischief which constitutional separation of church and state is supposed to cure is a domination of the state by the church. This presents only one side of the story. Subservience by the church to the slate should also be avoided. The law of a liberal state is legitimate to the extent that it does not conflict with the basic moral values of its citizens. Therefore, an ongoing conversation about basic values is necessary. Allowing churches and individual believers the freedom to make distinctive 'religious' contributions to this conversation is consistent with the separation of church and state. It is an aspect of the liberal democratic state's obligation to listen to all perspectives on difficult moral issues. A close relationship between church and state, on the other hand, has the capacity to impede the conversation.

Transnational organised crime and the International Criminal Court developments and debates

Limitation to jurisdiction of International Criminal Court (ICC) - proposal to strengthen the universal criminalisation of transnational organised crimes by enabling them to be prosecuted through an international authority - debate on whether existing offences under the ICC Statute encompass certain transnational organised crimes - whether the Statute should be expanded to include crimes that have been recognised in international treaties.

Unconscionability and commercial law

Standard of unconscionability in private and commercial cases - argument for caution in the standard's use - instability as a juridical notion - concern about the coherence of the doctrine - statutory provisions in Australia compound current problems - questionable status of unconscionability as a legally useful term.