Tagged: Democracy

Past Imperfect, Future Tense: The Elected Presidency and the Constitutional Development of an ‘Ever Evolving Hybrid’

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Danish philosopher Søren Kierkegaard, drawn by his cousin Niels Christian Kierkegaard (via the Wikimedia Commons)

Thio Li-ann
Professor and Provost’s Chair
Faculty of Law, National University of Singapore

SØREN KIERKEGAARD once said: “Life can only be understood backwards; but it must be lived forwards.” This sentiment reflects the evolution of the elected presidency (EP) as a facet of the development of the Singapore Constitution, not by judicial interpretation, but executive determination, within the context of a dominant party state. The development of the Constitution of Singapore in this manner is facilitated by the reality that constitutional amendment is a political and practical possibility.

The elected presidency was and is a unique constitutional experiment whose authors were determined to see it succeed, yet uncertain of how it would operate in practice. Its introduction was thought crucial to good governance, to check an untrammeled government, through pre-emptively instituting presidential ‘veto’ powers in relation to a limited range of primarily fiscal government decisions, providing a ‘second key’ to the national kitty. This was reflected in the strong entrenchment provisions that accompanied the institution, signifying its importance before it was tested. However flexibility was retained by not bringing into operation this special entrenchment regime. Instead, the institution could be modified following the general Article 5(2) procedure, which requires the support of a 2/3 parliamentary majority. The need to preserve the ability to refine the system reflects its experimental quality. Alarm has regularly been expressed where understandings contrary to the institutional design of its authors have been expressed (for example, by presidential candidates campaigning during elections), such as the opinion that the EP could operate as a second centre of political power, or that the EP could act in a proactive manner or in a publicly adversarial fashion vis-à-vis the government. Continue reading

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The Constitutional Status of the Proclamation of Singapore

Proclamation of Singapore

The Proclamation of Singapore, signed by Lee Kuan Yew on 9 August 1965. (From the National Archives of Singapore, archived in the Internet Archives.)

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

THIS MORNING at 9:00 am, a 2012 audio recording of the Proclamation of Singapore by the late former Prime Minister Lee Kuan Yew was broadcast on radio and television. It was on this day half a century ago that Singapore declared its independence from the Federation of Malaysia. Back then, the proclamation was read by a Radio Singapore announcer as Lee had “too many other things to do in quick succession”, including the famous noon press conference at which he teared up. Continue reading