Is the Invocation of Inherent Jurisdiction the Same as the Exercise of Inherent Powers?: Re Nalpon Zero Geraldo Mario
| Published date | 01 October 2013 |
| Date | 01 October 2013 |
| DOI | http://doi.org/10.1350/ijep.2013.17.4.437 |
| Subject Matter | Case Note |
CASE NOTE
INVOCATION OF INHERENT JURISDICTION AND THE EXERCISE OF INHERENT POWERS
CASE NOTE
Is the invocation of inherent juris-
diction the same as the exercise of
inherent powers?: Re Nalpon Zero
Geraldo Mario
By Chen Siyuan*
Assistant Professor of Law, Singapore Management University
Keywords Inherent jurisdiction of a court; Inherent powers of a court; Judicial
discretion; Singapore
nRe McC (A Minor), Lord Bridge of Harwich remarked that few words
have been ‘used with so many different shades of meaning in
different contexts’ and ‘have so freely acquired new meanings’ as the
word ‘jurisdiction’.1The definitional conundrum deepens when ‘jurisdiction’ is
combined with the adjective ‘inherent’, yet common law courts around the
world routinely claim to invoke inherent jurisdiction for a wide array of purposes
in civil and criminal matters, ranging from the reception of evidence to the
ensuring of a fair trial, and this necessarily raises questions about the limits of
such an exercise.2
doi:10.1350/ijep.2013.17.4.437
THE INTERNATIONAL JOURNAL OF EVIDENCE & PROOF (2013) 17 E&P 367–373 367
I
1 [1985] 1 AC 528 at 536.
2 See, e.g., R. Joseph, ‘Inherent Jurisdiction and Inherent Powers in New Zealand’ (2005)11 Canterbury
Law Review 220; J. Donnelly, ‘Inherent Jurisdiction and Inherent Powers of the Irish Courts’ (2009) 2
Judicial Studies Institute Journal 122; W. H. Charles, ‘Inherent Jurisdiction and its Application by Nova
Scotia Courts: Metaphysical, Historical or Pragmatic’ (2010) 33 Dalhousie LJ 63; Goh Y. H., ‘The
Inherent Jurisdiction and Inherent Powers of the Singapore Courts: Rethinking the Limits of their
Exercise’ [2011] Singapore Journal of Legal Studies 178; J. Liang, ‘Inherent Jurisdiction and Inherent
Powers of International Criminal Courts and Tribunals: An Appraisal of their Application’ (2012)
15 New Criminal Law Review 375.
* Email: siyuanchen@smu.edu.sg.
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