ABSTRACT

This chapter discusses the arguments for and against interpreting the Constitution in line with the basic structure doctrine, and argues that this doctrine has no application to Singapore Constitution. In an article published more than thirty years ago, the author argued for a position similar to that set out in the chapter, based on the uniqueness of Singapore's constitutional transition from being a post-colony State of Malaysia to an independent republic. The argument of the chapter rests on the issue of how the Constitution came into effect. The chapter examines that the courts would have power to strike down a purported constitutional amendment that failed to comply with the procedure set out in the Constitution. The notion of judicial review of the substance of a constitutional amendment as opposed to reviewing compliance with procedure is startling, if such a great power is being implied into the provisions of a constitution.