ABSTRACT
This chapter shows the originalism and textualism, as practised in Singapore. It begins by identifying and uncovering the judicial use of 'originalism' as an interpretive modality. The chapter continues with a close examination of the judicial reliance on 'textualism' as another preferred mode of constitutional interpretation. Originalism, as a constitutional theory, presents itself as a resolution to the tension between constitutionalism and democracy. Judicial discretion is fettered and is perceived to be more democratic by virtue of its connection to past judgments of the constitutional framers. The Court of Appeal in Yong dismissed the alternate Article 9(1) argument that the MDP was unconstitutional because Customary International Law (CIL) formed part of the laws of Singapore under Article 9(1) and that CIL prohibited the imposition of the MDP. Textualism is an interpretive method that allows judges to derive the meaning of the constitution from its language, as situated within the linguistic practice of the community, alongside the accepted canons of interpretation.
