Rule of Law, Not Rule of Man
All legal powers have legal limits. The Singapore Constitution entrusts the courts with the power and duty to ensure that any exercise of government power or any other legal power is done within proper limits.
In Singapore, the Constitution separates government power into the Legislative, Judicial and Executive branches. The Constitution also protects fundamental liberties and lays down clear rules on whether and how these liberties may be restricted.
At Characterist LLC, we are committed to ensure that the rule of law is respected and that legal rights are upheld. We take a principled and sensible approach in our cases, with a view to helping our clients vindicate their rights both legally and practically.
One high profile case was from 2013 to 2015 when we represented Faith Community Baptist Church in a judicial review application against the Ministry of Manpower, and were successful in obtaining a green light from the High Court to proceed with the application. The matter was eventually settled.
In 2022, we represented five unvaccinated individuals in a legal challenge against vaccine-differentiated measures and workforce vaccination measures.
Area of Practice
We understand and empathise deeply with clients who feel that their rights have been violated. Given the immense significance and potential sensitivity of any constitutional or administrative law challenge, we would typically meet with our clients for an extensive discussion of the nature of their legal case as well as the practical or other objectives that they hope to achieve.
Together with our clients, we will weigh the potential costs and benefits, and advise on the likelihood of success should any legal challenge be brought in court.
Should a legal challenge be commenced, we normally guide our clients through the process on an ongoing basis, and reassess the basis and merits of the case at appropriate junctures.
We may, if necessary and in certain circumstances, advise our clients on potential settlement options or to withdraw the action if key objectives have been achieved.
Our Process
- Initial Meeting and Review of Circumstances
The first step will be to meet with the client and to explore and review all the relevant circumstances of the case. This will include understanding the facts of the case, the applicable legal rules, and the relevant government authorities that are involved. We will also weigh the various non-legal considerations that the client may have. - Further Meeting(s) and Strategising
Given the immense significance and potential sensitivity of any constitutional or administrative law challenge, we will usually meet with the client again at further meeting(s) to strategise in relation to the case. Together with our clients, we will weigh the potential costs and benefits, and advise on the likelihood of success should any legal challenge be brought in court. - Exhaustion of remedies
There are certain situations where the laws provide for the appropriate appeal process, such as an appeal to a Minister, which will need to be used and exhausted before any legal challenge can be brought. If so, we will assist the client to bring such appeal(s).
- Application for permission, and appeal(s)
The first stage in a constitutional or administrative law challenge would usually involve an application to the High Court for permission to commence the legal challenge. This will be done by way of an originating application, supported by affidavit(s). This is a preliminary process, and meant as a procedure to ensure that only meritorious cases are brought to the substantive hearing. If such permission is refused, it may be possible to appeal the refusal of permission. - Substantive legal challenge, and appeal(s)
The next stage in a constitutional or administrative law challenge would be to mount the substantive legal challenge, if permission is granted. At this stage, the court will enter into the substance of the legal challenge, including to consider the applicable law and facts, and come to a decision on the merits of the case. If the challenge fails in part or in whole, it may be possible to appeal the decision.