Tagged: Separation of powers

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


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