We v I: Communitarian Legalism in Singapore

• Main Author: TAN, Eugene K. B.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2002
• Subjects: Asian Studies; Public Law and Legal Theory
• Online Access: https://ink.library.smu.edu.sg/sol_research/862
• Institution: Singapore Management University

This article examines the communitarian ethos in the politico-legal system and its impact on constitutional adjudication in Singapore. In contradistinction to the Western notion of 'natural' rights premised on the dignity of the person, the Singapore judiciary tends to accord greater weight to the rights and interests of the community, as defined by the government. Indeed, Singapore-style communitarianism is an axiom of faith in the governance of Singapore. It results in a premium being placed on security consciousness, economic growth and nation-building. The article argues that a more robust approach by the courts, articulating the principles and rationale for balancing the rights of the individual vis-à-vis that of the community, is necessary.