Tagged: Elected President

From Eligibility to Election: The Mechanics of the Presidential Poll

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The reverse of a poll card issued for the presidential election in 2011. (By Jack Lee [public domain or CC BY-SA 3.0], via the Wikimedia Commons.)

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

ON 9 NOVEMBER 2016, Parliament enacted the most significant constitutional amendment in the 21st century thus far, making wide-ranging changes to the Elected Presidency scheme. These amendments were preceded by a detailed examination of aspects of the scheme by a Constitutional Commission chaired by Chief Justice Sundaresh Menon which rendered its report on 17 August,[1] and a white paper issued by the Government in response to the report on 15 September.[2]

Most of the debate on the constitutional amendment bill[3] that took place in Parliament on 8 and 9 November concerned major alterations that were proposed. These were the increase in the qualifying financial value of a company from $100 million to $500 million for a prospective candidate seeking a certificate of eligibility under what the Commission termed the private-sector qualifying office route,[4] and the introduction of elections from time to time reserved for members of particular minority communities.[5]

What should not be overlooked are the changes proposed and made to the mechanics for electing the President. Continue reading

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

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

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

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A poster of Tony Tan Keng Yam, who was eventually elected as President at 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

An Elected President to Check an Elected Government

The Elected Presidency was created as a knee-jerk reaction to the People’s Action Party’s (PAP’s) worst nightmare: that in a ‘freak election’, ‘irrational’ voters might cause a seismic shift in voting patterns to bring into office an irresponsible and profligate government. The Westminster parliamentary system of government, with its fusion of executive and legislative powers, would provide no check on such a government if it had a parliamentary majority. It was thus necessary to create a countervailing force to put the brakes on the excesses of such a government.

Back in 1984, Prime Minister Lee Kuan Yew’s solution was to transform the office of the President into an elected one. The logic behind the need to elect the President has been enunciated and emphasized many times: If you want someone to check on an elected government, you need to cloak him or her with the requisite moral authority to do so and this can only come from being elected.

Why Elections Matter

Elections are the bedrock of democratic representation and participation. Those elected are presumed to have the mandate of those who elected them, and thus a corresponding legitimacy to undertake whatever their office requires of them. The bigger the majority, the greater the legitimacy and the more secure the mandate. At the same time, elections are desirable because they throw up the ‘best’ candidates available for the job or mission. However, when we look at how Singapore’s ‘Elected’ President gains office, these precepts quickly fall by the wayside.

Prior to 1991, all presidents were nominated and ‘elected’ by Parliament. There was no real electoral contest in this closed system. Parliament’s ‘electing’ of the President was really a reaffirmation of the Government’s choice; nothing more. The constitutional provisions that followed transformed the office into an elected one, albeit with serious limitations. The idea was that elections gave holders of the office a majoritarian mandate upon which sat its moral authority to control an elected government. The logic of this idea surely lay in (a) giving the electorate a real choice in terms of the candidates; and (b) ensuring that the chosen candidate had indeed been put through the rigours of elections and emerged with an undisputed majority.

However, provisions in the Constitution and the Presidential Election Act subvert this logic in two ways. First, by severely limiting voters’ choice in stipulating the type of candidate who can stand for election based on a mixed criterion of executive experience and financial savvy; and second, by allowing sole candidates to be declared ‘elected’. In the first of this two-part post, I will examine how recent amendments to the Constitution have narrowed the field further by tightening the criteria for ‘private sector’ candidates and the institution of a race-based rotation system of elections.

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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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Should Constitutional Principles be Eternal?

Parliament House, Singapore

Parliament House, Singapore. (By Smuconlaw, CC-BY-SA-3.0, via the Wikimedia Commons.) Are there constitutional principles that are eternal, or should Parliament be able to amend all parts of the Constitution?

Jaclyn L Neo
Assistant Professor
Faculty of Law, National University of Singapore

IS THERE ANY part of the current constitutional order that can never be changed? More specifically, can an institution entrenched in the Constitution be eternal and unalterable under any condition?

These are questions raised in the article by senior law correspondent K. C. Vijayan (“Ending elected presidency may not work“; Sept 11).

Mr Vijayan cites a Law Gazette article arguing that the basic structure doctrine has been recognised in Singapore. Continue reading