A Treatise on Singapore Constitutional Law explores how constitutional law operates within the context of a non-liberal, secular constitutional democracy, within a religiously and racially diverse social setting. This treatise is concerned with both theory and doctrine, with explaining the black letter rules of constitutional practice and their underlying rationales, as well as critically examining how they work in practice. It seeks to draw out the broader significance of legal rules by identifying their underlying legal philosophy and engages the normative, conceptual and empirical dimensions of constitutional law, to present a thorough study of the law in Singapore. This book addresses both what the state of the law “is”, and evaluates this against what it “ought” to be or to aspire towards.
This book is a valuable resource for scholars of the subject, for law students, and also for lawyers who are unfamiliar with the intricacies and nuances of constitutional adjudication in Singapore and who are interested in Singapore’s developments in constitutional making and governance of a successful modern state. Highlights: - Insightful discussions on innovative constitutional practices in Singapore, such as the elected presidency with limited powers, unelected parliamentarians, etc - Comprehensive inclusion of comparative references from India, Malaysia, Commonwealth and other common law-based countries - Well-footnoted throughout with extensive references
Dr Thio Li-ann graduated with a Bachelor of Arts (Jurisprudence) from Oxford, and obtained her Master of Laws from Harvard and doctorate in international law from Cambridge. She is a Barrister of Gray’s Inn, and a Professor of Law at the National University of Singapore (“NUS”) where she teaches and researches constitutional and administrative law, international law and human rights in Asia. She was twice ranked an NUS Excellent Teacher. In 2004, she received the NUS Young Researcher Award.
She is a sometime Nominated Member of Parliament (Eleventh Session), and was consultant to Warwick University (on Singapore academic and political freedom issues) and an expert witness before the Australian Federal Court on Singapore constitutional and extradition law.
Formerly Chief Editor of the Singapore Journal of International & Comparative Law and General Editor of the Asian Yearbook of International Law, she currently sits on the editorial board of the International Journal of Constitutional Law, Journal of East Asia and International Law; National University of Taiwan Law Review and Australian Journal of Asian Law.
A prolific scholar, she has published more than 80 law articles, authored Managing Babel: The International Legal Protection of Minorities in the Twentieth Century (2005), and co-authored (with Kevin Y L Tan) Constitutional Law in Malaysia and Singapore (2010) and Evolution of a Revolution: 40 Years of the Singapore Constitution (2009).
Constitutional Government: Principles and Particularities
Chapter 1: The Province of Constitutional Law
Chapter 2: Setting the Constitutional Context
Chapter 3: Constitutional Principles
Chapter 4: Constitutional Supremacy
Institutions of Government
Chapter 5: Of Legal Transplants and Autochthony: The Westminster System of Parliamentary Government
Chapter 6: The Legislature and the Electoral System
Chapter 7: The Presidential Council for Minority Rights
Chapter 8: The Executive, The Prime Minister and Cabinet Government
Chapter 9: The President
Chapter 10: The Judiciary
Chapter 11: Introduction to Constitutional Liberties and Human Rights Law
Chapter 12: Life and Personal Liberty of the Person
Chapter 13: Equality before the Law
Chapter 14: Freedom of Speech, Assembly and Association
Chapter 15: Freedom of Religion
From the Foreword:
“[Prof Thio] continues to pull no punches in analysing and commenting on all the significant decisions and pronouncements of the courts on the constitutional disputes which have divided the conservative or traditionalist and liberal political classes in Singapore. Her ‘national service’ as a Nominated Member of Parliament from 2007 to mid-2009 has burnished her credentials as a well-informed scholar with hands-on experience and knowledge of ‘the practical workings of constitutional law and ground realities’ of the governance of Singapore.
… [W]e are … jurisprudentially and practically enriched by the first full-length treatise on the constitutional law of Singapore.”
— Chan Sek Keong
Chief Justice, Singapore