ABSTRACT

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.

chapter |20 pages

Introduction

Judging the Singapore Constitution

part I|116 pages

Theoretical frameworks

chapter 2|18 pages

Does the ‘basic structure doctrine' apply in Singapore’s Constitution?

An inquiry into some fundamental constitutional premises

chapter 3|25 pages

Into the matrix

Interpreting the Westminster model constitution

part II|118 pages

Interrogating assumptions

chapter 7|29 pages

Balancing act

The balancing metaphor as deference and dialogue in constitutional adjudication

chapter 9|45 pages

Whither the autochthonous narrative of freedom of speech?

A guide to defaming politicians and scandalising judges in Singapore

part III|63 pages

Rethinking boundaries

chapter 10|32 pages

The interpretation of the Singapore Constitution

Towards a unified approach to interpreting legal documents

chapter 11|29 pages

Much ado about nothing?

The enigma of engagement of foreign constitutional law in Singapore

chapter 13|22 pages

Constitutional interpretation in an age of globalisation

Challenges and prospects