Constitutional Interpretation in Singapore Theory and Practice

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. Thisbook 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.

Introduction Jaclyn L. Neo Part I: Theoretical Frameworks 1. Interpreting the Singapore Constitution. The Honourable Attorney-General V K Rajah, SC 2. Does the ‘Basic Structure Doctrine’ Apply in Singapore’s Constitution? An Inquiry into Some Fundamental Constitutional Premises. Andrew J. Harding 3. Into the Matrix: Interpreting the Westminster Model Constitution. Kevin YL Tan 4. Principled Pragmatism and the ‘Third Wave’ of Communitarian Judicial Review in Singapore. Thio Li-ann 5. Uncovering Originalism and Textualism in Singapore. Yap Po Jen Part II: Interrogating Assumptions 6. Rethinking the Presumption of Constitutionality. Jack Tsen-Ta Lee 7. Balancing Act: The Balancing Metaphor as Deference and Dialogue in Constitutional Adjudication. Jaclyn L. Neo 8. The Broader Case for Developing the Content of Fundamental Rules of Natural Justice under Article 9 of the Constitution: A Place for Proportionality? Swati Jhaveri 9. Whither the Autochthonous Narrative of Freedom of Speech in Singapore?: A Guide to Defaming Politicians and Scandalising Judges. David Tan Part III: Rethinking Boundaries 10. The Interpretation of the Constitution: Ought it be Different from the Interpretation of Statutes and Contracts? Goh Yihan 11. Much Ado About Nothing? The Enigma of Engagement of Foreign Constitutional Law in Singapore. Eugene KB Tan 12. Resisting Foreign Law in Constitutional Interpretation in Singapore: Trends Across 50 Years. Arun K. Thiruvengadam 13. Constitutional Interpretation and Globalization: New Challenges.Victor V. Ramraj 14. Constitutional Evolution Through Interpretation: Is Law or Politics the Best Route for Singapore? A Dialogue. Michael Dowdle & Kevin Tan Conclusion Jaclyn L. Neo

Jaclyn L. Neo is an Assistant Professor in the Faculty of Law at the National University of Singapore.