132-464: 1°21′25″N 103°45′10″E / 1.3570551°N 103.7529097°E / 1.3570551; 103.7529097 The Chua Chu Kang Group Representation Constituency is a four-member Group Representation Constituency located in the western area of Singapore . There are four divisions of the GRC: Choa Chu Kang, Bukit Gombak, Keat Hong and Brickland. Military installations constitute
264-608: A monist view of law, public international law rules are not part of domestic law and cannot be enforced by the courts unless they have first been incorporated into domestic law in some way. Customary international law is defined in the Statute of the International Court of Justice as "evidence of a general practice accepted as law". Rules of customary international law can be declared by courts to be part of domestic law under certain conditions. However, they are not
396-550: A purposive approach , favouring interpretations that promote the purpose or object underlying constitutional provisions. Article 4 of the Constitution expressly declares that it is the supreme law of the land. The Constitution also appears to satisfy Albert Venn Dicey 's three criteria for supremacy: codification, rigidity, and the existence of judicial review by the courts. However, the view has been taken that it may not be supreme in practice and that Singapore's legal system
528-541: A simple plurality voting ("winner takes all") basis. A by-election need not be held to fill a vacancy in any GRC triggered by the death or resignation of an MP, even if there are no other minority candidates in that GRC, or any other reason. A by-election is required only if all the MPs in a GRC vacate their Parliamentary seats. Assuming that such a situation does arise, the Prime Minister would be obliged to call
660-521: A "local conditions" rationale which prescribes reading the Constitution "within its own four walls and not in the light of analogies drawn from other countries such as Great Britain, the United States of America or Australia". This has been termed a conservative and restrictive approach that seems to undermine the court's duty to generously interpret fundamental liberties. However, it has been noted that this approach to constitutional interpretation
792-403: A GRC ward returns five or six candidates into Parliament, compared with one vote in a SMC ward, which only returns one. In counterbalance it dilutes electors' voting power and may result in concerns raised taken less seriously as to lobbying/correspondence. Specifically, in an SMC ward are around 14,000 voters, compared to 140,000 voters in a five- or six-member GRC. Thus, the per-candidate power of
924-461: A GRC with a rapidly expanding population is properly managed. As the population of a constituency grows, it becomes increasingly difficult for an MP to singlehandedly represent the views of all constituents. A team of MPs arguably has greater access to more constituents, and the fact that there are different MPs in the team suggests they can more effectively provide representation in Parliament of
1056-617: A GRC. The number of MPs in each GRC is declared by the President at the Cabinet's direction before a general election . For the purposes of the 2020 general election , there were 14 SMCs and 17 GRCs, each returning four or five MPs. Reception towards to the GRC system is mixed, with some critics disagreeing with the government's justifications for introducing the scheme, noting that the proportion of minority MPs per GRC has rather decreased with
1188-411: A SMC ward. The national average for the 2006 elections was 66.6%. Similar trends can be seen from previous elections. The gap grew from 3% in 1991, and remained stable at around 5% in the 1997 , 2001 and 2006 elections. This may be attributable to the enlargement of the size of GRCs in 1997 which gave greater effect to the law of large numbers. Constitution of Singapore The Constitution of
1320-638: A Workers' Party of Singapore team in Aljunied GRC at the 2011 general election . It is also said that GRCs serve more as administrative tools than to ensure minority representation. The size of GRCs was increased to take advantage of economies of scale when managing the wards. However, whether GRCs are required for this purpose is arguable, as Goh Chok Tong stated in 1988 that MPs in SMCs could still group together after elections to enjoy economies of scale. The GRC scheme has also been criticized for raising
1452-437: A by-election within a reasonable time, unless he intends to call a general election in the near future. As Article 39A of the Constitution states, the GRC scheme entrenches the presence of minority MPs in Parliament, ensuring that interests of minority communities are represented in Parliament. Article 39A(1)(a) of the Constitution allows for a maximum number of six MPs for each GRC so as to provide flexibility in ensuring that
SECTION 10
#17327875062561584-436: A claim for wrongful dismissal by a police sergeant, one issue arising was whether a constitutional provision introduced in 1970 had impliedly repealed an existing provision. Judicial Commissioner Chan Sek Keong decided the case on other grounds, but observed on an obiter basis that this argument was no longer relevant because only the 1970 provision appeared in the 1980 Reprint of the Constitution, and Article 155(3) of
1716-461: A common race, culture and language. Derek da Cunha has proposed that the law of large numbers favours the GRC system. According to the theory, the large number of voters from GRC wards generally, though not necessarily always, reflects the popular vote. This was evident at the 2006 elections, at which the PAP garnered an average of 67.04% of the votes in a contested GRC, while the average was 61.67% for
1848-633: A constitutional commission headed by Sir George Rendel was set up to recommend further changes in the constitutional system, with the aim of increasing widespread participation in the central and local government of Singapore. The British Government accepted most of the Rendel Commission's recommendations in its report of February 1954 and implemented them by way of the Singapore Colony Order in Council 1955, commonly known as
1980-538: A draw-down by transferring an equivalent sum from the current reserves to the past reserves. The principles adopted in the white paper remain binding unless either (or both) the Government or the President formally notifies the other that it no longer wishes to abide by them. Soft law has also been described by academics as a method of influencing communitarian conduct or even enforcing constitutional standards in
2112-413: A gamble and commit huge proportions of their resources to contest GRCs. Each candidate in a GRC is required to deposit a sum equal to 8% of the total allowances payable to an MP in the calendar year preceding the election, rounded to the nearest S$ 500. At the 2011 general election, the deposit was $ 16,000. Unsuccessful candidates have their deposits forfeited if they do not receive at least one-eighth of
2244-595: A large part of the constituency managed by Chua Chu Kang Town Council, including most of the SAFTI Live Firing Area , Ama Keng and Neo Tiew military training areas and Murai Urban training facility . The current Members of Parliament are Don Wee , Gan Kim Yong , Low Yen Ling and Zhulkarnain Abdul Rahim from the People's Action Party (PAP). Between 1988 and 2011, at the time Chua Chu Kang GRC
2376-478: A legislative judgment, and legislation which is "of so absurd or arbitrary a nature that it could not possibly have been contemplated by our constitutional framers as being 'law' when they crafted the constitutional provisions protecting fundamental liberties", would violate Article 9(1) , despite the provision not explicitly referring to this. In some cases, the courts have also demonstrated an unwillingness to consult foreign constitutional case law, and have crafted
2508-621: A method of informal regulation against the backdrop of existing legislation. Soft constitutional law can also serve as principles of engagement between institutions. One example is the 1999 white paper entitled The Principles for Determining and Safeguarding the Accumulated Reserves of the Government and the Fifth Schedule Statutory Boards and Government Companies , which contains non-exhaustive principles for shaping institutional interactions between
2640-519: A national referendum by at least two-thirds of the total number of votes cast. This requirement also applies to Articles 5(2A) and 5A, though these provisions are not yet operational. Article 5(2A) protects certain core constitutional provisions such as the fundamental liberties in Part IV of the Constitution, and Articles relating to the President 's election , powers , maintenance , immunity from suit, and removal from office; while Article 5A enables
2772-518: A norm. According to British jurist and constitutional theorist Albert Venn Dicey , three legal criteria must be satisfied before a constitution can claim to be supreme: Although Article 4 of the Singapore Constitution expressly declares that it is the supreme law of the land and the Constitution appears to satisfy Dicey's criteria, the view has been taken that it may not be supreme in practice and that Singapore's legal system
SECTION 20
#17327875062562904-693: A number of laws having constitutional status have applied to it. Singapore became part of the Straits Settlements in 1867, which were granted a colonial constitution by way of letters patent dated 4 February 1867 that established the Legislative Council of the Straits Settlements . Further letters patent dated 17 November 1877 set up an executive council and authorised the Governor to appoint judges. Thereafter,
3036-402: A number of other legal instruments were issued to streamline the constitutional structure of the colony, but did not make significant changes to the arrangements put in place by the 1867 and 1877 letters patent. The last constitution of the Straits Settlements was based on letters patent dated 17 December 1911 as amended by letters patent and royal instructions both dated 18 August 1924. After
3168-469: A pair, one of whom had to be from a minority community. However, Malay MPs were upset that this implied they were not electable on their own merits. Feeling that the twinning of constituencies would lead to Malay MPs losing confidence and self-respect, the Government dropped the proposal. Therefore, the Government felt that the best way to ensure minority representation in Parliament was to introduce
3300-421: A realm for the exercise of legitimate governmental power". A constitution can therefore be described as "[t]he fundamental and organic law of a nation or state, establishing the conception, character, and organization of its government, as well as prescribing the extent of its sovereign power and the manner of its exercise", or a specific statute containing provisions that serve those purposes. In this article,
3432-550: A simple majority of the New Zealand Parliament , "any government intent on repeal or restrictive amendment of the Bill of Rights is likely to suffer extreme political difficulty and opprobrium". In order to safeguard minority interests in a newly independent Singapore and contain the communist threat of the time, a constitutional commission chaired by Chief Justice Wee Chong Jin was convened in 1966 to review
3564-607: A single homogeneous community out of the many races that form the population of the Republic. The third proposal was to have an upper house in Parliament composed of members elected or nominated to represent the racial, linguistic and religious minorities in Singapore. However, this was rejected as being backward-looking since politicians should attain a seat in Parliament through taking part in elections. In 1988, 39 SMCs were grouped into 13 three-member GRCs, making up 39 out of
3696-467: A single, composite document". To achieve this task, the Attorney-General was given discretion to merge the existing provisions of the two Constitutions and make modifications that might be necessary or expedient due to Singapore's independent status; to rearrange the provisions; and to omit duplicated, inappropriate or inapplicable ones, among other things. Pursuant to this, the 1980 Reprint of
3828-677: A source of constitutional law, because the Court of Appeal held in Yong Vui Kong that such rules can only be declared as part of the common law and cannot be directly incorporated into the Constitution. Unless an international treaty entered into by the Singapore Government has been given effect through an Act of Parliament, it cannot be enforced as domestic law by the courts. Nonetheless, such international obligations exert an influence on constitutional interpretation as
3960-597: A subtle manner. One example is the issuance of the Declaration of Religious Harmony in 2003, which was proposed by Prime Minister Goh Chok Tong in October 2002 following a series of domestic events which had heightened racial and religious sensitivities. Constitutional conventions are unwritten political customs which aid the smooth operation of the government. They are characterised as "rules of constitutional behaviour" which are "binding by and upon those who operate
4092-487: A total of 81 elected seats in Parliament. The Constitution and the Parliamentary Elections Act were changed in 1991 and again in 1996 to increase the maximum number of MPs in each GRC from three to four, and then to six. In the 2001 general election , three- and four-member GRCs were replaced by five- and six-member GRCs. There were nine five-member GRCs and five six-member GRCs, making up 75 out of
Chua Chu Kang Group Representation Constituency - Misplaced Pages Continue
4224-424: A wide range of constituents' views. The official justification for the GRC scheme is to entrench minority representation in Parliament. However, opposition parties have questioned the usefulness of GRCs in fulfilling this purpose, especially since Singapore has not faced the issue of minorities being under-represented in Parliament. In fact, statistics show that all PAP minority candidates have won regularly and that
4356-411: Is de facto characterised by parliamentary sovereignty . Dicey's first legal criterion for a constitution to be regarded as supreme is that it must be written. This requirement is necessary for the precise identification of constitutional provisions, which makes it more convenient for Parliament to make constitutional amendments, and provides the judiciary with a basic text against which to determine
4488-573: Is de facto characterised by parliamentary sovereignty . There are two ways to amend the Constitution, depending on the nature of the provision being amended. Most of the Constitution's Articles can be amended with the support of more than two-thirds of all the Members of Parliament during the Second and Third Readings of each constitutional amendment bill . However, provisions protecting Singapore's sovereignty can only be amended if supported at
4620-449: Is a GRC returns the number of MPs designated for the constituency by the President to serve in Parliament. A group of individuals standing together in a GRC is voted for as a team, and not as individual candidates. In other words, a successful voter's single vote in an SMC sends to Parliament one MP, and a GRC sends a group of MPs from the same single list depending on how many have been designated for that GRC. All elected MPs are selected on
4752-571: Is a type of electoral division or constituency in Singapore in which teams of candidates, instead of individual candidates, compete to be elected into Parliament as the Members of Parliament (MPs) for the constituency. Synonymous to the party block voting (PBV) or the general ticket used in other countries, the Government stated that the GRC scheme was primarily implemented to enshrine minority representation in Parliament: at least one of
4884-481: Is also said to disadvantage opposition parties because it is more difficult for them to find enough candidates with the political expertise to contest GRCs. Furthermore, it is said that the GRC scheme means that electors may have unequal voting power, weakens the relationship between electors and MPs, and entrenches racialism in Singapore politics due to its emphasis on minority representation. There are two types of electoral division or constituency in Singapore :
5016-595: Is determined by two committees appointed by the President, the Malay Community Committee and the Indian and Other Minority Communities Committee. Decisions of these committees are final and conclusive, and may not be appealed against or called into question in any court. The President, at the Cabinet's direction, declares the electoral divisions that are to be GRCs; the number of candidates (three to six) to stand for Parliament in each GRC; and whether
5148-724: Is generally done just before a general election to review the boundaries of electoral divisions and recommend changes. In recent decades, the Committee has been chaired by the Cabinet Secretary and has had four other members who are senior public servants. In the EBRC appointed before the general election of 2006 , these were the head of the Elections Department , the Chief Executive Officer of
5280-572: The Japanese Occupation , the Straits Settlements were dissolved in 1946 and Singapore became a Crown colony . Its new constitution, the Singapore Order in Council 1946, established an executive council and a legislative council which, for the first time, had a number of elected members. The constitution came into effect on 1 March 1948, and the first legislative elections in Singapore were held on 20 March that year. In 1953,
5412-592: The Prime Minister from time to time by notification in the Government Gazette . Since 1954, a year ahead of the 1955 general election , an Electoral Boundaries Review Committee (EBRC) has been appointed to advise the executive on the number and geographical division of electoral divisions. Even though neither the Constitution nor any law requires this to be done, the Prime Minister has continued to do so from Singapore's independence in 1965. This
Chua Chu Kang Group Representation Constituency - Misplaced Pages Continue
5544-845: The Singapore Land Authority , the Deputy CEO of the Housing and Development Board and the Acting Chief Statistician. Since the Committee is only convened shortly before general elections, the preparatory work for boundary delimitation is done by its secretariat the Elections Department, which is a division of the Prime Minister's Office . The EBRC's terms of reference are issued by the Prime Minister, and are not embodied in legislation. In giving recommendations for boundary changes over
5676-462: The second and third readings of a constitutional amendment bill . The requirement of a two-thirds majority for amendment was only restored in 1979. The justification for the reversion given by the Minister for Law , E.W. Barker , was that "[a]ll consequential amendments that have been necessitated by our constitutional advancement have now been enacted". However, these amendments were made to
5808-416: The single member constituency (SMC) and the group representation constituency (GRC). In a GRC, a number of candidates comes together to stand for elections to Parliament as a group. Each voter of a GRC casts a ballot for a team of candidates, and not for individual candidates. The GRC scheme was brought into existence on 1 June 1988 by the Constitution of the Republic of Singapore (Amendment) Act 1988 and
5940-508: The 1963 State Constitution. In its report, the Wee Commission made recommendations regarding two broad areas – political philosophy and principles, and various governmental institutions. Many, but not all, of the recommendations were adopted by Parliament. In 1980, provisions from the three documents referred to above were consolidated into a single reprint for the first time. Containing 162 Articles and three schedules, this reprint
6072-470: The 1963 State Constitution; the amendment Acts were silent on whether they applied to the RSIA. Thus, although Parliament has made no attempt to amend the RSIA since 1965, it can theoretically be changed or even repealed by a simple majority in Parliament. One problem this raises is even though the RSIA is categorised by the Government as a "constitutional document", legally speaking it is apparently not part of
6204-448: The 84 elected seats in Parliament. This arrangement remained unchanged at the 2006 elections. On 27 May 2009, the Government announced that it would refine the size and number of GRCs. This could be achieved without amending either the Constitution or the Parliamentary Elections Act. Instead, when the next EBRC was appointed, its terms of reference would instruct the Committee to plan for fewer six-member GRCs than at present, and to reduce
6336-404: The Constitution and blurring the line between constitutional law and ordinary legislation. The second legal criterion is that the constitution must be rigid. This is important to ensure that constitutional provisions can only be changed by an authority that is higher in status than the ordinary legislative body existing under the Constitution. However, rigidity does not mean that the Constitution
6468-410: The Constitution and other legislation is adhered to, is an inappropriate forum. The Members of Parliament are freely elected by the people of Singapore. They represent the interests of the constituency who entrust them to act fairly, justly and reasonably. The right lies in the people to determine if any law passed be [ sic : by] Parliament goes against the principles of justice or otherwise. This right,
6600-579: The Constitution by exercising constituent power, the amendment Act cannot be challenged as inconsistent with the Constitution's existing provisions. The Singapore position is unclear since this issue has not been raised before the courts. However, it is arguable that they are likely to apply the Malaysian position as the relevant provisions of the Constitution of Malaysia and the Singapore Constitution are in pari materia with each other. In addition,
6732-489: The Constitution dealing with fundamental liberties suggests a parliamentary intention to give courts the discretion "to interpret the Constitution based on prevailing social conditions". It may also be noted that although the court may depart from previously held constitutional interpretations, it cannot disregard the text entirely. The courts have been willing to uphold the spirit of the Constitution by recognising fundamental constitutional principles not expressly mentioned in
SECTION 50
#17327875062566864-412: The Constitution is one of the legally binding sources of constitutional law in Singapore, the others being judicial interpretations of the Constitution, and certain other statutes. Non-binding sources are influences on constitutional law such as soft law , constitutional conventions , and public international law . In the exercise of its original jurisdiction – that is, its power to hear cases for
6996-431: The Constitution is part of its responsibility: The court has the power and duty to ensure that the provisions of the Constitution are observed. The court also has a duty to declare invalid any exercise of power, legislative and executive, which exceeds the limits of the power conferred by the Constitution, or which contravenes any prohibition which the Constitution provides. Judicial attitudes inextricably shape and mould
7128-438: The Constitution is written". However, in Singapore not all legal rules having constitutional effect appear to be part of the Constitution. For example, white papers that contain quasi-constitutional principles would be extra-constitutional documents. By issuing such white papers, the Government may also trying to set guidelines on how the Constitution should be interpreted. Jaclyn Neo and Yvonne Lee view such documents as diluting
7260-477: The Constitution may serve constitutional functions and therefore be regarded as "essential to the workings of small-c constitutions". The Constitution itself empowers Parliament to enact laws for certain purposes. For instance, Article 17(2) states that "[t]he President shall be elected by the citizens of Singapore in accordance with any law made by the Legislature". To regulate such elections, Parliament passed
7392-598: The Constitution of Singapore are derived from the Malaysian Federal Constitution. This was effected through section 6(1) of the Republic of Singapore Independence Act 1965, which states that the provisions of the Constitution of Malaysia, other than those set out in section 6(3) of the Act, "shall continue in force in Singapore, subject to such modifications, adaptations and qualifications and exceptions as may be necessary to bring them into conformity with
7524-605: The Constitution of the State of Singapore 1963, the Federal Constitution of Malaysia made applicable to Singapore by the Republic of Singapore Independence Act 1965, and the Republic of Singapore Independence Act itself. These provided the newly independent nation with a working constitution at short notice. Since Singapore was founded as a factory or trading post of the East India Company in 1819,
7656-435: The Constitution was issued. In addition, the President was empowered to authorise the Attorney-General to publish further reprints incorporating all constitutional amendments in force at the date of the authorisation. While some commentators have noted that the 1980 Reprint created theoretical issues, to date no practical problems have arisen in the application of the Constitution. In Heng Kai Kok v. Attorney-General (1986),
7788-525: The Constitution", but are not legally enforceable. Such conventions which are consistently practised and not flouted become an intrinsic part of the constitution over time. However, since Singapore now has a written constitution, conventions play a much less significant role. In comparison, countries such as the United Kingdom which lack a written constitution derive a major part of constitutional law from conventions. Back in Singapore's colonial days,
7920-480: The Constitution. Additionally, the courts have read into the Constitution extratextual principles which either have the effect of expanding or limiting the ambits of fundamental liberties. In Ong Ah Chuan , the Privy Council held that references to the word law in clauses such as Article 9(1) and Article 12(1) of the Constitution include "fundamental rules of natural justice ", which were later held by
8052-471: The Constitution. In the exercise of its original jurisdiction – that is, its power to hear cases for the first time – the High Court carries out two types of judicial review: judicial review of legislation , and judicial review of administrative acts . Regarding the former, Article 4 of the Constitution states: "This Constitution is the supreme law of the Republic of Singapore and any law enacted by
SECTION 60
#17327875062568184-522: The Court of Appeal has held that "the Singapore Constitution[ ;] should, as far as possible, be interpreted consistently with Singapore's international legal obligations". However, it would not be appropriate for courts to refer to an international human rights norm if it does not accord with the way the constitutional text is worded, or if the history of the Constitution shows there was an intention to specifically exclude such
8316-448: The Court of Appeal to be procedural rather than substantive in nature. On the other hand, the courts have said that freedom of speech must be balanced against the right of other people to be free from offence, and have restricted freedom of religion in favour of "the sovereignty, integrity and unity of Singapore" which were said to be "undoubtedly the paramount mandate of the Constitution". Some ordinary statutes which are not part of
8448-488: The GRC scheme. In addition, it took the view that such a scheme would complement the introduction of town councils to manage public housing estates , as it would be economical for a town council to manage a group of three constituencies. Subsequently, in 1991, the Government said that GRCs also minimized the need to redraw the boundaries of constituencies which had grown too big for the MPs serving them, and, in 1996, GRCs were said to provide Community Development Councils with
8580-417: The Government "made it a practice to always seek the President's views whenever it intends to move Constitutional amendments that affect the relevant provisions" concerning his discretionary powers. It has also been said that by convention it is a well-accepted practice that the President engages in charitable and community welfare work without government objection. As Singapore adopts a dualist rather than
8712-504: The Government adopted many constitutional conventions from the United Kingdom. After independence, an attempt was made to incorporate many of these Westminster conventions into the new written constitution. For example, section 3 of the Parliament (Privileges, Immunities and Powers) Act – the Act was enacted pursuant to Article 63 of the Constitution ;– states that the privileges and immunities of Parliament are to be
8844-495: The High Court declined to hold that there is any constitutional right to be informed of one's right to counsel as the Constitution does not expressly mention such a right. Chief Justice Yong Pung How held: Any proposition to broaden the scope of the rights accorded to the accused should be addressed in the political and legislative arena. The Judiciary, whose duty is to ensure that the intention of Parliament as reflected in
8976-467: The High Court has rejected the basic structure or basic features doctrine developed by the Supreme Court of India , which means that Parliament is not precluded from amending or repealing any provisions of the Constitution, even those considered as basic. Constitutionalism has been described as being "concerned with curbing oppressive government and preserving individual freedom while retaining
9108-513: The Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void." In Tan Eng Hong v. Attorney-General (2012), the Court of Appeal held that although the Article only refers to laws enacted after the Constitution's commencement on 9 August 1965, laws which pre-date the Constitution can also be invalidated by
9240-615: The Legislature by law to determine and regulate the privileges, immunities or powers of Parliament", and Parliament has done so by enacting the Parliament (Privileges, Immunities and Powers) Act. Thio Li-ann has suggested that other Acts which have constitutional significance include the Internal Security Act and the Supreme Court of Judicature Act. Soft constitutional law refers to a written set of non-binding precepts which exert some degree of legal influence in
9372-592: The MPs in a GRC must be a member of the Malay , Indian or another minority community of Singapore. In addition, it was economical for town councils, which manage public housing estates , to handle larger constituencies. The GRC scheme came into effect on 1 June 1988, and was first introduced at the general election that same year . Prior to that date, all constituencies were Single Member Constituencies (SMCs). The Parliamentary Elections Act (Cap. 218, 2008 Rev. Ed.) ("PEA") states that there must be at least eight SMCs, and
9504-470: The Malay community if, regardless of whether or not he or she is of the Malay race, considers himself or herself to be a member of the community and is generally accepted as such by the community. Similarly, a person will belong to the Indian community or some other minority community if he or she considers himself or herself a member and the community accepts him or her as such. The minority status of candidates
9636-497: The Parliament and a strong presumption of constitutional validity . Such conservatism is reflected in the courts construing fundamental liberties narrowly in certain cases. For instance, in Rajeevan Edakalavan v. Public Prosecutor (1998), even though Article 9(3) of the Constitution states that "[w]here a person is arrested, he ... shall be allowed to consult and be defended by a legal practitioner of his choice",
9768-521: The Parliamentary Elections (Amendment) Act 1988. The original stated purpose of GRCs was to guarantee a minimum representation of minorities in Parliament and ensure that there would always be a multiracial Parliament instead of one made up of a single race. Speaking in Parliament during the debate on whether GRCs should be introduced, First Deputy Prime Minister and Minister for Defence Goh Chok Tong said he had first discussed
9900-402: The President and the Government concerning the exercise of the President's discretionary financial powers . One procedural guideline, which is not expressed in the Constitution, requires the President to inform the Government of his intention to gazette his opinion that one of its proposed transactions draws down on the nation's past reserves , to give the Government an opportunity to avoid such
10032-497: The President to veto proposed constitutional amendments that directly or indirectly circumvent or curtail his discretionary powers. These provisions are not yet in force as the Government views the Elected Presidency as an evolving institution in need of further refinements. The Malaysian courts have distinguished between the exercise of "constituent power" and "legislative power" by Parliament. When Parliament amends
10164-506: The Presidential Elections Act. Similarly, the Parliamentary Elections Act fulfils the requirements of Article 39(1), which provides that Parliament consists, inter alia , of elected Members of Parliament (MPs) and Non-constituency Members of Parliament (NCMPs) who have been elected according to the procedure prescribed in a law made by the Legislature. In addition, Article 63 states that "[i]t shall be lawful for
10296-530: The Public Service, in response to Poa, said WP and PSP also relied on the "star power" of Low Thia Khiang and Tan Cheng Bock to win Aljunied GRC in 2011 and PSP having NCMPs now in parliament. Leader of the Opposition and Workers' Party 's (WP) chief Pritam Singh also highlighted the usage of GRC for gerrymandering, citing the merging of SMCs, in close contest between PAP and WP, into GRC in
10428-563: The Rendel Constitution. While the new Legislative Assembly was a largely elected body, the colonial administration retained authority over administration, finance, internal security and law. The next stage in Singapore's constitutional development was its transformation from a colony to a self-governing state of the British Empire . This was effected by the Singapore (Constitution) Order in Council 1958, which created
10560-457: The Reprint states that "[a]ny reprint of the Constitution ... shall be deemed to be and shall be, without any question whatsoever in all courts of justice and for all purposes whatsoever, the authentic text of the Constitution of the Republic of Singapore in force as from the date specified in that reprint until superseded by the next or subsequent reprint". A revised edition of the Constitution
10692-448: The Republic of Singapore is the supreme law of Singapore . A written constitution , the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Federal Constitution of Malaysia made applicable to Singapore by the Republic of Singapore Independence Act 1965 ( No. 9 of 1965, 1985 Rev. Ed. ), and the Republic of Singapore Independence Act itself. The text of
10824-402: The advent of five-member and six-member GRCs, although the latter was not present in the 2020 general election. In addition, the ruling People's Action Party (PAP) has been described as using GRCs as a means of bringing in politically inexperienced candidates into Parliament by " riding on the coattails " of GRCs helmed by senior politicians, including "anchor" ministers. Moreover, the GRC scheme
10956-553: The approach applies to constitutional interpretation as well. It stated: "It is well established ... that a purposive interpretation should be adopted in interpreting the Constitution to give effect to the intent and will of Parliament". The generous approach to constitutional interpretation mentioned in Ong Ah Chuan might be said to accord with the purposive approach because the use of broad and general language in Articles of
11088-425: The average size of each GRC. The average size of GRCs at that time was 5.4 MPs because there were only five-member and six-member GRCs. The new average, however, would not exceed five MPs. In addition, to ensure that the number of SMCs kept pace with the increase in voters and hence the number of MPs, the EBRC's terms of reference would state that there should be at least 12 SMCs. The rationale given for these changes
11220-424: The ballot in a GRC is lower than in an SMC, as each voter in a GRC finds it harder to vote out an MP that he or she does not like; but the overall power effect is the same. Malapportionment is a viable charge against some divisions as a 30% deviation from equality of electorate is tolerated. It follows, a five-member GRC could in theory have from 91,000 voters to 86% more: 169,000 voters. Critics have noted that
11352-405: The bar for the opposition in elections. First, opposition parties may find it harder to find competent candidates, including minority candidates, to form teams to contest GRCs. Goh Chok Tong has acknowledged that the GRC scheme benefits the PAP as they can put together stronger teams. With the GRC system the threshold for votes for the opposition is also increased, and opposition parties have to take
11484-458: The coat-tails of the established PAP members. Since 1991, the PAP has generally not fielded first-time candidates in SMC wards. On the other hand, one of the "in-built weaknesses" of GRCs may be that "through no fault of their own or that of their team", "high-value" MPs can be voted out; this was said to have occurred when former Minister for Foreign Affairs George Yeo lost his parliamentary seat to
11616-454: The coattails of more established teammates, reduced voters’ choice over election results. During the parliament debate, Poa mentioned vacancies in the GRC when MPs resign from their seat midterm, citing Halimah Yacob 's resignation in 2017 to contest in the 2017 Singaporean presidential election and Tharman Shanmugaratnam 's upcoming resignation to contest in the 2023 Singaporean presidential election . Chan Chun Sing , Minister-in-charge of
11748-518: The consolidated Constitution. Constitutional scholar Dr. Kevin Tan has suggested it should be recognised as a sui generis Act having a unique status. It may be that the RSIA's status is similar to that of the New Zealand Bill of Rights Act 1990 , which is also an ordinary Act of Parliament . It has been said that while it is theoretically possible to amend or repeal the Bill of Rights Act by
11880-478: The constitutionality of any ordinary legislation. Without a written constitution, judicial review would almost be counter to the doctrine of separation of powers as judges would get to decide the contents and wording of the Constitution. In Marbury v. Madison , the US Supreme Court held that "the powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten,
12012-425: The court. In addition, Article 162 provides that ordinary laws that were in force prior to the Constitution coming into force on 9 August 1965 continue to apply after the Constitution's commencement but must be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution. Thus, the Constitution reflects the principle established in
12144-452: The courts are to accord them "a generous interpretation ... suitable to give to individuals the full measure of the fundamental liberties referred to". However, it has been said that the Singapore judiciary has a conservative attitude when interpreting the Constitution as it seems to be "more protective of executive interests than individual freedoms". This is in line with the locally held judicial philosophy which features deference to
12276-419: The credibility and accountability of some candidates may be reduced because in a GRC the members of the team who are popular "protect" less popular members from being voted out. It has been said that the relationship between the electorate and their representatives is also weakened, because the relationship is between the individual and the GRC team rather than between the individual and a particular MP. Improving
12408-488: The critical mass of residents that they needed to be effective. Three proposals for minority representation in Parliament had been considered by a 1966 Constitutional Commission chaired by the Chief Justice Wee Chong Jin . The first was to have a committee of representatives of minorities that would elect three persons from amongst its members to represent minorities in Parliament. However, this
12540-408: The enactment of this Act and in consequence of the independence of Singapore upon separation from Malaysia". This power lasted from 1965 to 1968. The Constitution (Amendment) Act 1965, which was enacted on the same day as the RSIA and also came into force on 9 August 1965, made the 1963 State Constitution amendable by a simple majority – that is, more than 50% – of all the Members of Parliament on
12672-608: The first time – the High Court carries out two types of judicial review: judicial review of legislation , and judicial review of administrative acts . Although in a 1980 case the Privy Council held that the fundamental liberties in Part IV of the Constitution should be interpreted generously, Singapore courts usually adopt a philosophy of deference to Parliament and a strong presumption of constitutional validity , which has led to fundamental liberties being construed narrowly in certain cases. The courts also generally adopt
12804-690: The independent status of Singapore upon separation from Malaysia". Notably, the fundamental liberties in Part II of the Federal Constitution were made applicable to Singapore. However, Article 13 of the Federal Constitution which concerns the right to property , was specifically omitted to ensure the constitutionality of the Land Acquisition Act 1966 which authorises the Government to compulsorily acquire real estate . The Republic of Singapore Independence Act 1965 (RSIA)
12936-620: The introduction of the Nominated Member of Parliament (NMP) scheme, the First Deputy Prime Minister and Minister for Defence , Goh Chok Tong , noted that the select committee tasked to look into the issue had considered whether NMPs should be required to sever any ties they had with political parties and decided that it was unnecessary as it was "far better to leave ... conventions and practice to evolve". In 2007, Law Minister S. Jayakumar declared that
13068-482: The landmark decision of the Supreme Court of the United States , Marbury v. Madison (1803): since it is the role of the courts to interpret the law, they have power to decide whether ordinary laws are inconsistent with the Constitution and, if so, to declare such laws to be void. In the 1994 case Chan Hiang Leng Colin v. Public Prosecutor the High Court adopted a similar stance, and also affirmed that declaring void administrative actions and decisions that infringe
13200-474: The layman is ... to ascertain what a Constitution says". In 1979, Parliament amended the 1963 State Constitution to give authority to the Attorney-General of Singapore to "cause to be printed and published a consolidated reprint of the Constitution of Singapore, as amended from time to time, amalgamated with such of the provisions of the Constitution of Malaysia as are applicable to Singapore, into
13332-489: The legislative and executive bodies of government remained much the same as those in the 1958 Order in Council. On the other hand, the judiciary was regarded as a federal matter and did not form a part of the State Constitution. At this time, there was no bill of rights in the 1963 State Constitution, as the fundamental liberties in Part II of the Federal Constitution applied to Singapore. Certain provisions of
13464-496: The link between voters and MPs, and to make the latter more accountable was the reason for the changes proposed in 2009 to introduce more SMCs and to reduce the size of GRCs. Even though the GRC scheme is intended to ensure minority representation in Parliament, it can be said that the scheme emphasizes racial consciousness and hence widens the gap between races. It may undermine the esteem of minority candidates as they would not be sure if they are elected on their own merit, or due to
13596-470: The minority candidates in each GRC are to be from the Malay, Indian, or other minority communities. The number of GRCs in which at least one MP must be from the Malay community must be three-fifths of the total number of GRCs, and the number of MPs to be returned by all GRCs cannot be less than a quarter of the total number of MPs to be returned at a general election. For the 2011 general election , there were 14 SMCs and 17 GRCs. An electoral division which
13728-419: The minority member of the GRC left. Furthermore, the GRC scheme is now used as a recruiting tool for the PAP. In 2006, Goh Chok Tong stated, "Without some assurance of a good chance of winning at least their first election, many able and successful young Singaporeans may not risk their careers to join politics". Every PAP GRC team is helmed by a major figure such as a minister, and allowed candidates to ride on
13860-577: The necessity of ensuring the multiracial nature of Parliament with Prime Minister Lee Kuan Yew in July 1982. Then, Lee had expressed concern about the voting patterns of younger Singaporeans, who appeared to be apathetic to the need of having a racially balanced slate of candidates. He was also worried about more Singaporeans voting along racial lines, which would lead to a lack of minority representation in Parliament. Lee had also proposed to twin constituencies and have Members of Parliament (MPs) contest as
13992-506: The next election. WP also called for the abolition of GRCs. Senior Minister Teo Chee Hean responded that accusations of gerrymandering existed long ago and asked Singh to suggest to EBRC to break up opposition held GRCs into SMCs. Parliament rejected the motion. Apart from the requirement that there must be at least eight SMCs, the total number of SMCs and GRCs in Singapore and their boundaries are not fixed. The number of electoral divisions and their names and boundaries are specified by
14124-611: The number of MPs to be returned by all GRCs cannot be less than a quarter of the total number of MPs. Within those parameters the total number of SMCs and GRCs in Singapore and their boundaries are not fixed but are decided by the Cabinet , taking into consideration the recommendations of the Electoral Boundaries Review Committee. Per the Constitution and the PEA, there must be between three and six MPs in
14256-463: The ones chosen by us to address our concerns. This is especially so with regards to matters which concern our well-being in society, of which fundamental liberties are a part. On the other hand, in Yong Vui Kong v. Public Prosecutor (2010) decided 12 years later, the Court of Appeal held that colourable legislation which purports to enact a 'law' as generally understood but which is in effect
14388-539: The only two MPs to lose their seats in 1984 were "racially" Chinese. One of them was beaten by a minority candidate. In addition, Joshua Benjamin Jeyaratnam of the WP won a by-election in 1981 at Anson , a largely Chinese constituency, and the first elected Chief Minister of Singapore was David Marshall who was Jewish. Technically, as the size of GRCs has increased, the minority has had less representation overall as
14520-399: The people exercise through the ballot box. The Judiciary is in no position to determine if a particular piece of legislation is fair or reasonable as what is fair or reasonable is very subjective. If anybody has the right to decide, it is the people of Singapore. The sensitive issues surrounding the scope of fundamental liberties should be raised through our representatives in Parliament who are
14652-631: The position of the Yang di-Pertuan Negara as the head of state, a prime minister and a wholly elected Legislative Assembly with 51 members. Subsequently, pursuant to the Malaysia Agreement of 1963, Singapore merged with the Federation of Malaysia , becoming one of its states and losing colonial status. Singapore was granted a new state constitution in the form of the Constitution of the State of Singapore 1963. The provisions relating to
14784-534: The proportion of minority MPs per GRC has been reduced. Since minority MPs are a numerical minority in Parliament, their political clout has also been reduced. In February 2017, Minister in the Prime Minister's Office Chan Chun Sing said that if a minority candidate leaves their group representation constituency (GRC), a by-election will not be called. Chan claimed that the goals of having enough minority members in Parliament, and to ensure no political campaign on issues of race and religion, would still be met even if
14916-428: The realm of constitutional law. Forms of soft law include non-binding instruments containing recommendations, government white papers , declarations, and informal rules like circulars or self-regulating codes of conduct . Unlike constitutional conventions , soft constitutional laws are authored by constitutional actors and reduced to written form, rather than derived from a custom or past practice. Such soft laws act as
15048-463: The results of constitutional interpretation. This is because, during the process of constitutional interpretation, "the private philosophies and prejudices of individual judges will inevitably emerge". In 1980, when the Privy Council was still Singapore's final appellate court, it held in Ong Ah Chuan v. Public Prosecutor that where the fundamental liberties in the Constitution are concerned,
15180-480: The same as those associated with the House of Commons of the United Kingdom . In addition, Article 21(1) of the Constitution embodies the constitutionally recognised Westminster convention that the President generally acts on the advice of the Cabinet. Aside from adopted Westminster conventions, indigenous conventions have since developed or are developing to cater to local needs. During parliamentary debates in 1990 on
15312-478: The scheme and the merits of the rest of the team of MPs. This would result in minority candidates resenting that they are dependent on the majority to enter Parliament, and the majority candidates believing that minority candidates have insufficient ability. It has also been claimed that the GRC scheme demeans the majority of Singaporeans as it assumes that they are not able to see the value or merit of minority candidates, and only vote for candidates with whom they share
15444-407: The term constitution (with a lowercase c ) refers to the body of legal rules having constitutional effect in Singapore , while Constitution (with an uppercase C ) refers to the main statute containing constitutional rules. In Singapore, the sources of constitutional law may be grouped into two categories: those that are legally binding and those that are not. Legally binding sources include
15576-412: The text of the Constitution, judicial interpretations of the Constitution, and other statutes. Non-binding sources are influences on constitutional law such as soft law , constitutional conventions , and public international law . Singapore has a written constitution . The text of the Singapore Constitution which took effect from 9 August 1965 was a patchwork of provisions drawn from three statutes:
15708-483: The total number of votes polled in the GRC. Critics have noted that the number of walkovers has generally increased since the introduction of GRCs. To date, only one opposition party, the Workers' Party, has won GRCs: Aljunied, in the 2011 general election, and Sengkang, in the 2020 general election. GRCs have been criticized as giving unequal voting and lobbying (correspondence) powers between electors. Every ballot in
15840-436: The written Constitution which underlie the Constitution and form the theoretical basis of constitutionalism, its goal being to achieve limited government . Examples of these principles include accommodative secularism , the rule of law , and the separation of powers . Similarly, the court's power of judicial review is not expressly mentioned, but has been read into the Constitution by necessary implication from Article 4 of
15972-459: The years, the Committee has considered various factors, including using hill ridges, rivers and roads as boundaries rather than arbitrarily drawn lines; and the need for electoral divisions to have approximately equal numbers of voters so that electors' votes carry the same weight regardless of where they cast their ballots. In 1963, the EBRC adopted a rule allowing the numbers of voters in divisions to differ by no more than 20%. The permitted deviation
16104-717: Was absorbed into the newly created Marsiling–Yew Tee GRC . The 2011 elections saw the reformation of both wards with every ward of Hong Kah GRC and Chua Chu Kang being merged into Chua Chu Kang GRC, with the exception of Hong Kah North ward that had been crafted out to become an SMC. In 2020, the rest of Tengah were moved from Chua Chu Kang GRC to Hong Kah North SMC and all of the Nanyang were shifted to West Coast GRC . The Western Water Catchment, Ama Keng, Wrexham, Poyan, Sarimbun, Lim Chu Kang and Murai were shifted from Nanyang to Keat Hong division. Group Representation Constituency A group representation constituency ( GRC )
16236-449: Was formerly called Hong Kah GRC , Chua Chu Kang SMC was one of the oldest surviving constituencies in Singapore and the only one to have both remained intact and existed before Singapore's independence, existed since 1959 when Singapore gained full self-governance from its colonial British Government. In 2001, Bukit Gombak SMC was absorbed into the former Hong Kah GRC with the town council being Hong Kah Town Council. In 2015, Yew Tee
16368-412: Was increased to 30% in 1980. It is up to the Cabinet to decide whether or not to accept the Committee's recommendations. All the candidates in a GRC must either be members of the same political party or independent candidates standing as a group, and at least one of the candidates must be a person belonging to the Malay, Indian or some other minority community. A person is regarded as belonging to
16500-630: Was mandated in Singapore in 1993 by the enactment of section 9A of the Interpretation Act, which requires a court to prefer an interpretation that would "promote the purpose or object underlying the written law (whether that purpose or object is expressly stated in the written law or not) ... to an interpretation that would not promote that purpose or object". The Constitution of the Republic of Singapore Tribunal affirmed in Constitutional Reference No. 1 of 1995 that
16632-489: Was never applied consistently, and that "it appears that the 'four walls' doctrine has quietly fallen out of fashion at least in practice, as courts now regularly consider foreign cases which have only persuasive, not precedential value. ... It is fair to say that the development of Singapore public law is not accomplished in a cloister sealed off from transnational models, but through a thoughtful engagement with foreign cases." A purposive approach to statutory interpretation
16764-418: Was passed by Parliament on 22 December 1965, and made retrospective to 9 August 1965. Apart from making the fundamental liberties in the Malaysian Federal Constitution applicable in Singapore, the RSIA also received the legislative and executive powers over Singapore, which were relinquished by Malaysia through its Constitution and Malaysia (Singapore Amendment) Act 1965. The executive authority of Singapore
16896-441: Was published as part of the 1985 Revised Edition of The Statutes of the Republic of Singapore . The current reprint of the Constitution that is in force is the 1999 Reprint of the 1985 Revised Edition. Another source of legally binding constitutional law consists of the body of case law decided by the courts interpreting the Constitution, and laying down fundamental constitutional principles which are not expressly mentioned in
17028-449: Was published in the Government Gazette of 31 March 1980. Prior to the issuance of the 1980 Reprint, the Constitution had been criticised for being inaccessible due to its fragmented nature. The former Chief Minister of Singapore , David Marshall , commented that Singapore had "the untidiest and most confusing constitution that any country has started life with", while constitutional scholar R.H. Hickling acknowledged that "the problem of
17160-534: Was rejected as the Commission felt that it would be an inappropriate and retrogressive move in that unelected members should not be allowed to dilute the elected chamber. The second proposal, which was to have proportional representation , was also rejected on the grounds that it would intensify party politics along racial lines and eventually "perpetuate and accentuate racial differences". This would then make it increasingly difficult, if not impossible, to achieve
17292-401: Was that the GRC scheme would work better and the link between voters and their MPs would be strengthened. In the 2011 general election, SMCs returned to Parliament 12 MPs and 15 GRCs a total of 75 MPs. In 2023, Progress Singapore Party 's (PSP) non-constituency Member of Parliament (NCMP), Hazel Poa , raised a private member’s motion to abolish GRC, citing outcomes where candidates ride on
17424-502: Was vested in the President and made exercisable by him or by the Cabinet , while the legislative powers of the Yang di-Pertuan Agong (Head of State of Malaysia) and the Parliament of Malaysia in respect of Singapore were vested in the President and the Parliament of Singapore. Furthermore, the RSIA empowered the President to "make such modifications in any written law as appear to him to be necessary or expedient in consequence of
#255744