ABSTRACT
This chapter dicsusses whether the interpretation of the Constitution in Singapore should be different from the interpretation of other legal documents, such as statutes and contracts. The interpretation of the Constitution has had many evolutions over the years. The Singapore courts' approach to the interpretation of the Constitution can be summarised in three broad points. First, they seek to give effect to the drafter's intention. Second, in discerning the drafter's intention, they recognise that the Constitution was not drafted in a vacuum and that the drafter intended to incorporate into the Constitution the prevailing norms at the time of drafting. Third, the courts also accept that the Constitution is not confined to only its express words but may include implied rights that are in line with the overall purpose of the document. Just like the interpretation of the Constitution, the search for the drafter's intent also forms the Singapore courts' starting point in interpreting statutes and contracts.
