Category: Judiciary
Return of Judicial Power: Religious Freedom and the Tussle over Jurisdictional Boundaries in Malaysia (I-CONnect Column) by Jaclyn L. Neo

Palace of Justice, Putrajaya by Trebz [CC0], via the Wikimedia Commons.
Roachgate – No Constitutional Crisis

A c 1900 photograph of a Chinese criminal being beaten on the buttocks with a stick as a punishment. ([CC BY 2.0], via the Wikimedia Commons.)
Lecturer, Law Programmes
School of Law
Singapore University of Social Sciences
Many Singaporeans accessing the day’s news feeds on 20 February 2018 as they sipped their afternoon kopi probably found themselves simultaneously baffled and affronted by the news that “Singapore agrees to UK request to not cane suspect if found guilty”.[1]
Baffled – because the American government had tried unsuccessfully many years ago to pressurise Singapore into agreeing not to acquaint the rear end of one of its citizens, a young delinquent known as Michael Fay, with the blunt end of a rotan, but plucky little Singapore stood its ground firmly and went on to cane the vandal. Had Singapore and her vaunted principles and values changed so much in the intervening years? Continue reading
Towards a “Thin” Basic Structure Doctrine in Singapore (I-CONnect Column) by Jaclyn L. Neo
The Limits of Prosecutorial Discretion

The Attorney-General’s Chambers, Singapore. (By Sgconlaw, CC BY-SA 3.0, via the Wikimedia Commons.)
Marcus Teo
Fourth-year LLB student
Faculty of Law, National University of Singapore
IN A RECENT opinion piece published in The Straits Times,[1] Professor Walter Woon examined the role and functions of the Attorney-General (“AG”) and argued that the AG’s independence should be strengthened, among other ways, by separating the AG’s current function as a legal advisor to the government from his prosecutorial function. With respect to the latter, Professor Woon reminds us that decisions to prosecute or not involve a “judgment call”, and that “[t]here are many reasons why a decision may be taken not to prosecute.” However, such decisions have serious consequences for accused persons, victims of crimes, and the public. Continue reading
Protecting Human Rights: The Approach of the Singapore Courts

Article 4 of the Constitution of the Republic of Singapore (1985 Revised Edition, 1999 Reprint). (Photograph by Smuconlaw [CC-BY-SA-4.0], via the Wikimedia Commons.) The Constitution is the supreme law of Singapore, but have the courts unnecessarily limited their role of upholding the Constitution?
Assistant Professor of Law
School of Law, SMU
THE SINGAPORE COURTS have been taking an approach that is very deferential to the political branches of the government – the executive and the legislature. This doesn’t mean that they are deliberately biased in favour of these branches, for example because they have been induced to do so. It means that there is a judicial attitude of giving the political branches much leeway, assuming that action taken by the executive or legislation passed by Parliament is constitutional unless such acts are completely absurd or arbitrary.
This extremely high standard stems from the courts’ view of their role in the constitutional system. I would like to suggest that this view means that the courts have limited their role of upholding the Constitution[1] unnecessarily. Continue reading
Hougang By-election Case: What Court Decision on By-election Reveals

A poll card issued for the 2011 general election. (Photograph by Jacklee [public domain or CC-BY-SA-3.0], via the Wikimedia Commons.)
Assistant Professor of Law
School of Law, SMU
THE COURT OF APPEAL’S judgment of 5 July in Vellama d/o Marie Muthu v Attorney-General[1] – popularly known as the Hougang by-election case – shows that the Court sees its role as policing the margins rather than involving itself in the heart of politics.
The decision came as a surprise to those used to a judicial stance that is fairly deferential towards the Government. It is one of only a handful of cases in which the courts have not accepted the Government’s interpretation of the Constitution.