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
ByJaclyn L Neo

part I|116 pages

Theoretical frameworks

chapter 1|9 pages

Intepreting the Singapore Constitution

ByVk Rajah

chapter 2|18 pages

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

An inquiry into some fundamental constitutional premises
ByAndrew J Harding

chapter 3|25 pages

Into the matrix

Interpreting the Westminster model constitution
ByKevin YL Tan

chapter 5|20 pages

Uncovering originalism and textualism in Singapore

ByYap Po Jen

part II|118 pages

Interrogating assumptions

chapter 6|20 pages

Rethinking the presumption of constitutionality

ByJack Tsen-Ta Lee

chapter 7|29 pages

Balancing act

The balancing metaphor as deference and dialogue in constitutional adjudication
ByJaclyn L Neo

chapter 8|22 pages

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?
BySwati Jhaveri

chapter 9|45 pages

Whither the autochthonous narrative of freedom of speech?

A guide to defaming politicians and scandalising judges in Singapore
ByDavid Tan

part III|63 pages

Rethinking boundaries

chapter 10|32 pages

The interpretation of the Singapore Constitution

Towards a unified approach to interpreting legal documents
ByGoh Yihan

chapter 11|29 pages

Much ado about nothing?

The enigma of engagement of foreign constitutional law in Singapore
ByEugene KB Tan

chapter 13|22 pages

Constitutional interpretation in an age of globalisation

Challenges and prospects
ByVictor V Ramraj

chapter 14|16 pages

Is Singapore's Constitution Best Considered a Legal Constitution or a Political Constitution?

ByMichael W Dowdle, Kevin YL Tan