• Jaclyn Neo

Unwritten Constitutional Norms: Finding the Singapore Constitution

Law Gazette (May 2019)


This article examines the judicial articulation of unwritten constitutional norms in Singapore over the last few years. It takes as its starting point that the constitution is underpinned by foundational norms and the articulation of such norms is important to understand the practice of constitutionalism in Singapore. Accordingly, I discuss three normative principles and examine how they have influenced judicial doctrine: the principle of legality, the idea of a constitutional identity, and the separation of powers. I also identify conceptual gaps that need to be addressed as well as examine how these principles could be developed further. The articulation and substantiation of these principles is crucial for the development of constitutional law in Singapore.



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