At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
Author(s): Jaclyn L Neo
Edition: 1
Publisher: Routledge
Year: 2017
Language: English
Pages: 386
Tags: Singapore, Singapore Law, Constitution, Constitutional Law, Interpretation, Public Law
Cover
Title Page
Copyright Page
Table of Contents
Table of cases
Notes on contributors
Acknowledgements
Introduction: judging the Singapore Constitution
Part I Theoretical frameworks
1 Interpreting the Singapore Constitution
2 Does the ‘basic structure doctrine’ apply in Singapore’s Constitution? An inquiry into some fundamental constitutional premises
3 Into the matrix: interpreting the Westminster model constitution
4 Principled pragmatism and the ‘third wave’ of communitarian judicial review in Singapore
5 Uncovering originalism and textualism in Singapore
Part II Interrogating assumptions
6 Rethinking the presumption of constitutionality
7 Balancing act: the balancing metaphor as deference and dialogue in constitutional adjudication
8 The broader case for developing the content of fundamental rules of natural justice under Article 9 of the Constitution: a placeholder for proportionality- type adjudication?
9 Whither the autochthonous narrative of freedom of speech? A guide to defaming politicians and scandalising judges in Singapore
Part III Rethinking boundaries
10 The interpretation of the Singapore Constitution: towards a unified approach to interpreting legal documents
11 Much ado about nothing? The enigma of engagement of foreign constitutional law in Singapore
12 The continuing resistance to foreign law in constitutional adjudication in Singapore
13 Constitutional interpretation in an age of globalisation: challenges and prospects
14 Is Singapore’s Constitution best considered a legal constitution or a political constitution?
Index
