ABSTRACT
The phrase 'principled pragmatism' may sound oxymoronic, and certainly suggests values in tension. This chapter affirms the view that a distinction, however imperfect, can be drawn between law and politics, between 'legal' and 'extra-legal' factors. Judicial power is functionally separate from executive and legislative powers and entails the courts 'making a finding on the facts as they stand, applying the relevant law to those facts and determining the rights and obligations of the parties concerned for the purposes of governing their relationship for the future'. Article 93 of the Singapore Constitution exclusively vests judicial power in the courts, which at common law is 'an entity with certain characteristics'. Singapore courts have repeatedly asserted that judicial usurpation of the legislative function would violate the separation of powers thereby undermining the constitutional order where courts are co-equal with, not superior to, the legislature and executive.
