Tagged: courts of Singapore

Roachgate – No Constitutional Crisis

Chinese Punishment, Whipping a Lawbreaker (c 1900)

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.)

Olivine Lin
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

Protecting Human Rights: The Approach of the Singapore Courts

Article 4 of the Constitution of the Republic of Singapore (1985 Revised Edition, 1999 Reprint)

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?

Dr Jack Tsen-Ta Lee
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