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[3 Oct 2008 | Comments Off | ]

BRYAN CHANG
Second Year NUS Law

Upon my first reading, I, as a proponent of positive discrimination, believed the author failed to distinguish her examples between positive and negative discrimination in what was otherwise an excellent article. However, my initial views have been tempered, or even completely changed by recent developments in Malaysia.
It is the first example stated in the article to which I would like to draw attention. Art. 152 of the Constitution enshrines the special status of the Malay population. In the modern context of Singapore, there is …

Juris Articles »

[3 Oct 2008 | Comments Off | ]

M. AIDIL
Third Year NUS Law, Deputy Chief Editor, SLR
Ms Ng, in her article in the August 2008 issue of Juris Illuminae, argued that the law discriminates. I write to respond to her opening salvo and allegation that Art. 152(2) of our Constitution which “recognizes” the special position of the Malays, and “protect, safeguard, support, foster and promote… Malay interests” (emphasis added) is racial discrimination. The unspoken assumptions and logical premises in her argument are that (a) discrimination is wrong, (b) laws must not discriminate i.e. everyone, in the …