Tagged: constitutional law

Mandates, Majorities and the Legitimacy of the Elected President (Part II of II)

320px-counting_centre_sign2c_hong_wen_school2c_singapore_-_20110828

Hong Wen School in Kallang was used as a counting centre during the 2011 presidential election. (By Jack Lee [CC-BY-SA-3.0] via the Wikimedia Commons.)

Kevin YL Tan
Adjunct Professor of Law
National University of Singapore

Selecting the Elected President

In Part I of this post, I examined how the constitutional amendments to the eligibility criteria further limit voters’ choices. In this Part, I will examine how the lack of elections where there is no contest weakens the President’s claim of a mandate.

A major sticking point concerning the process of electing the President has been section 15 of the Presidential Elections Act which stipulates that if, on nomination day, ‘only one candidate stands nominated’ that candidate shall be declared ‘to be elected to the office of President.’ This happened twice, in 1999 and again in 2005 when the late SR Nathan stood as the sole candidate in both elections.

The situation changed completely in 2011 when four candidates stood contested the elections. Former Deputy Prime Minister Tony Tan Keng Yam emerged triumphant, but only just. He garnered 35.2% of the popular vote, beating his closest opponent, Tan Cheng Bock by a mere 7,382 votes (or 0.35% of the votes cast).

The ‘election’ of 1999 and 2005 and that of 2011 bring into sharp relief the fact that none of the winning candidates had an absolute majority of the votes cast. In the case of President Nathan, who faced no opponent, it is difficult to ascertain what proportion of the public actually supported him or gave him their mandate to function as President. The case of President Tony Tan is more problematic. Notwithstanding his victory in this four-man race, his share of 35.2% was just slightly more than a third of all votes cast. Viewed conversely, a large segment of the population – close to 65% of all electors – were actually in favour of the candidates. It would thus be difficult to claim the moral high ground to say that such a majority gave him a true mandate from the people to speak and act for them as President.

Such was the system as of 2011. This matter of majorities and a change of electoral process was canvassed before the Constitutional Commission. I proposed that in the event of an election involving more than two candidates, a second-round run-off election should be held to give the final winner a clear majoritarian mandate. This system is not new, having been used in countries such as Austria, Brazil, Finland and India. The object of this two-round run-off system is to have the second round of voting limited to the top two first-round candidates. Thus, in the case of Singapore’s 2011 election, a run-off would have pitched Tony Tan and Tan Cheng Bock against each other. Whoever won that election would have an absolute majority.

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Wielding “Real Power” to Disagree: Amendments to the Council of Presidential Advisers Framework

The Istana, Singapore,

The Istana, which is the official residence of the President of Singapore. (By Sengkang [copyrighted free use], via the Wikimedia Commons.)

Benedict Chan Wei Qi
Third-year LLB undergraduate
School of Law, SMU

THE RECOMMENDATIONS of the Constitutional Commission on the Elected Presidency have generated much national debate even before they are tabled before Parliament. While the spotlight has largely been on the recommendations relating to securing minority representation in the nation’s highest office, perhaps we should also pay heed to the wise men and women behind the decisions of the Elected President – the Council of Presidential Advisors (“CPA”).

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Who Is an Elected President?

President S. R. Nathan on 31 December 2006

President S R Nathan (1924–2016). (Photographed in December 2006 by Calvin Teo, CC-BY-SA-3.0 via the Wikimedia Commons.)

Dr Jack Tsen-Ta Lee
Assistant Professor of Law
School of Law, SMU

REPORTING the death of former President S R Nathan at the age of 92 on 22 August 2016, The Straits Times of 23 August stated in the first paragraph on its front page that he was “Singapore’s first elected and longest-serving president”.[1]

It was soon pointed out that the first presidential election was held in 1993 and led to Ong Teng Cheong being elected to the highest office in the land. (ST couldn’t change its print edition, of course, but did update its website by removing the words first elected and, and publish a correction in the next day’s newspaper.)[2]

However, some have questioned whether Nathan can be regarded as having been ‘elected’ at all, since the 1999 and 2005 elections he had participated in had been walkovers – he had been the only candidate declared eligible by the Presidential Elections Committee.

This raises an interesting question: who can be considered an elected President?

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Event announcement: The Magna Carta’s Journey to Singapore: History and the Rule of Law

1217 Magna Carta - Heritage - Visit Britain - Poster (Landscape)When: Monday, 9 November 2015, 6:00 to 7:30 pm (registration begins at 5:30 pm)
Where: Moot Court, NUS Faculty of Law, Bukit Timah Campus (directions to the law school may be found here)

More information about the speakers may be found here, and you can register here (please register by 4 November 2015)

To celebrate the 800th anniversary of the Magna Carta, the Hereford Cathedral Magna Carta is coming to Singapore where it will be displayed at the Supreme Court. In the lead up to this event, NUS Law is convening a discussion on the history and ongoing significance of the Magna Carta to the rule of law in general and to Singapore in particular. Continue reading

Event announcement: Magna Carta Then and Now

1217 Magna Carta - Heritage - Visit Britain - Poster (Landscape)When: Wednesday, 11 November 2015, 7:00 to 8:30 pm (registration begins at 6:30 pm).
Where: Mochtar Riady Auditorium, Singapore Management University,
Level 5, Administration Building, 81 Victoria Street, Singapore 188065.

This event is open to the public. There is no charge to attend the talk, but registration is required.
To register, please click here.


Described as “England’s greatest export”, this year Magna Carta’s 800th birthday is being celebrated the world over. But exactly what is this thing we are commemorating? Was there a single Magna Carta or a series of them? Exactly what does the Charter say? Continue reading

Conference announcement: The 6th Asian Constitutional Law Forum

Greetings!

The Centre for Asian Legal Studies (CALS) invites you to The 6th Asian Constitutional Law Forum: Constitutionalism in the Courts: Judicial Review and the Separation of Powers in Asia, to be held at Faculty of Law, National University of Singapore, on 10 and 11 December 2015.

The Asian Constitutional Law Forum provides a venue for distinguished scholars and new scholars to share their research and ideas on Asian constitutional law, to expand collaborative research networks, and to facilitate publications. Continue reading

Judging the Constitution Conference

Poster.pdfBy Preston Wong & Sri Balan s/o Krishnan

On 28 and 29 May 2015, the NUS Centre for Asian Legal Studies organized a landmark conference titled Judging the Constitution: The Theory and Practice of Constitutional Interpretation in Singapore. This two-day conference saw over 10 constitutional scholars presenting various reflections on the formation, transformation and reformation of Singapore constitutional law. The papers presented at the conference will be published in an edited volume by Routledge Publishing by the end of the year. Continue reading