Institutional Challenges and Constitutional Struggles

in Singapore

[More police power in Little India shows the institutional challenge
side of story. It also posts a constitutional struggle for being a police
state by giving extra power to the police. ]

The publication of The Singapore Constitution: A Brief
Introduction#1 by a group of SMU students clearly
shows that there is a lack of constitutional education in
Singapore. In addition to the insufficient education, 3 out
4 local lawyers leave practice in the first10 years practising
law indicates the constitutional struggles in Singapore.
Why is there no interest in fighting justice in the Courts?
Very few Singaporeans have in fact a serious understanding
of our Constitution, even within the law practice
professionals.

Institutional challenge can come from external factors as
shown in the Little India riot. But the greatest institutional
challenge may be the philosophical questions of are we
proud of being Singaporeans and Singapore belongs to
whom rich or poor Singaporeans.

Since independence, Singapore under the PAP government
has wanted to project a strong institution and weak
constitution in the running of the country. As what the
PAP claimed we need a strong institution so that we can
deal with all the difficult problems facing a new nation.
Our economic model is also based on this format so that
we can have an efficient market environment.

This model has worked well. It is so successful that
Singapore is now one of the richest nations in the world.
Unfortunately, we have reached a turning point, a new
political norm that posts many institutional challenges and
constitutional struggles for Singapore.

The following examples show the loose definition of
institutional challenges in Singapore:

-Little India Riot;
-SMRT bus drivers illegal strike;
-Corruptions involving senior civil servants;
-MRT breakdowns;
-Hong Lim Parks protest on Population White Paper.
-CPF and reserves: More and more people are showing
interest and more and more are demanding to know more.

The following examples show the constitutional struggles
in Singapore:

Hougang by-election court case: The Court has to give
the meaning of by-election. However, the PM finally
called it even he has a right to call or not to call one. The
PM is struggling between the PAP and public definition of
the Constitution. Is his decision (to call the by-election)
under the pressure of public and international opinion?

PE2011: The voters clearly have a better understanding of
what an independent President can do. They have clearly
rejected the pro-PAP candidate with nearly two-thirds of
the votes. The voters have yet to agree with how
independent they want and are struggling to decide the
check and balance role of an elected president under the
Constitution.

Access to counsel: Even as the High Court dismissed
alleged hacker James Raj Arokiasamy's application for
immediate access to counsel, it ruled prosecutors had failed
to show that allowing him access would have jeopardised
investigations.#3This news report looks more like a
constitutional struggle (to please both sides) to me.

Anti-gay law: Singapore's High Court on Wednesday
dismissed a constitutional challenge against an archaic law
criminalising sex between men, the second such petition
turned down this year. In a written judgment, the court
reiterated an earlier ruling that it was up to Parliament to
repeal the provision in the penal code, known as Section
377A. #4 The Court wants to shift the constitutional
struggle back to the Parliament.

Internal Security Act: It will be hard to imagine the
government can use the ISA as it did in the past. Malaysia
has already done away with it. Under the constitutional
struggle, what is the new political meaning of the ISA? Will
it become a political paper tiger?

Balancing institutions and constitutions

With a political norm coming, the past strong institutions
and weak constitutions framework will have to change.
The above examples indicate a new balance between
institutions and constitutions is coming.

Any future government, whether PAP or oppositions, will
not enjoy the same kind of strong institutions likes the
past. Similarly, when people are aware of their rights, the
demand for more check and balance, the willingness in
political participation, a weak constitution will not be
possible too.

This will show the maturity of Singapore and how mature
Singaporeans are. Without the protection of strong
institutions and weak constitutions, will it be more
difficult to run Singapore? And how will it affect the future
talent pool of the PAP leadership? Considering politics no
more an easy game, are they fighters or quitters?


#1
http://www.todayonline.com/singapore/smu-students-develop-primer-constitution

#2
http://www.straitstimes.com/breaking-news/singapore/story/3-out-4-local-lawyers-
leave-practice-the-first-10-years-practising-law

#3
http://news.asiaone.com/news/crime/court-rules-alleged-hackers-counsel-access

#4
http://news.asiaone.com/news/singapore/singapore-court-dismisses-challenge-against-
anti-gay-law