ABSTRACT

Modern constitutions exist to order and organise the exercise of governmental power. A major aspect of constitutionalism is the limitation of that power. This explains the often elaborate procedures prescribed for the exercise of a particular power. This is also why constitutions normally contain ‘human rights’ provisions, called ‘Fundamental Liberties’ in the Singapore Constitution,1 against which governmental2 power should not prevail. However, it is not this restrictive aspect of constitutionalism that has found favour with Singapore officialdom.3 Instead, it is the aspect of empowerment that dominates official discourse and action – the Constitution exists to give power to the government to do what is necessary or expedient4 for the good of the country. Nowhere is this more pronounced than in the existence and use of ‘Special Powers Against Subversion’.5