Autonomy, Deference, and Control: Judicial Doctrine and Facets of Separation of Powers in Singapore

5(2) Journal of International and Comparative Law 461-483 (2018)

https://www.jicl.org.uk/storage/journals/November2020/gZQfm5XqfnSkWPsfTmGb.pd 

The article posits that courts engage with the principle of separation of powers through multiple and sometimes competing conceptions, each shaping constitutional doctrine in distinct ways. It identifies three central judicial approaches: the exclusivity of judicial power, which emphasizes autonomy and protects the judiciary from intrusion by other branches; the presumption of constitutionality, which reflects judicial deference to legislative and executive actors; and judicial review, which embodies control by ensuring that governmental actions remain within constitutional and legal limits. By mapping these approaches to autonomy, deference, and control, the article highlights the dynamic and contested character of separation of powers as a constitutional principle. Its contribution lies in showing how courts navigate the tension between traditions of parliamentary sovereignty and constitutional supremacy, while operating within broader political and cultural contexts that shape the balance between judicial independence and restraint.