Fundamental Constitutional Concepts and the Roles of the Branches of Government
The duty to uphold the Constitution of Singapore possessed by the branches of government suggests that each branch must, when exercising its powers, determine for itself what the Constitution requires it to do. This raises the issue of whether the determination of the meaning of a fundamental right...
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sg-smu-ink.sol_research-34752015-10-22T11:00:06Z Fundamental Constitutional Concepts and the Roles of the Branches of Government LEE, Jack Tsen-Ta The duty to uphold the Constitution of Singapore possessed by the branches of government suggests that each branch must, when exercising its powers, determine for itself what the Constitution requires it to do. This raises the issue of whether the determination of the meaning of a fundamental right by any particular branch of government ought to be binding on the other branches. In other words, should a pronouncement by any particular branch be authoritative? This chapter examines of certain fundamental constitutional concepts, namely, the doctrine of the separation of powers, the rule of law, constitutionalism, the status of bills of rights as enforceable law, and the independent duty of the branches of government to interpret a bill of rights. This lays the groundwork for a discussion of the central question: whether one branch should have final say over the other branches as to the meaning of constitutional provisions, and in particular the provisions protecting fundamental rights. Finally, the concept of a constitutional conversation or dialogue is put forward as a practical model for the relationship between the branches of government as regards interpreting a bill of rights. 2015-08-01T07:00:00Z text https://ink.library.smu.edu.sg/sol_research/1523 https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99105659402601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,The%20Legal%20System%20of%20Singapore:%20Institutions,%20Principles%20and%20Practices&offset=0 Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University constitutional dialogue constitutionalism roles of the branches of government rule of law separation of powers Singapore constitutional law Administrative Law Asian Studies |
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constitutional dialogue constitutionalism roles of the branches of government rule of law separation of powers Singapore constitutional law Administrative Law Asian Studies LEE, Jack Tsen-Ta Fundamental Constitutional Concepts and the Roles of the Branches of Government |
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The duty to uphold the Constitution of Singapore possessed by the branches of government suggests that each branch must, when exercising its powers, determine for itself what the Constitution requires it to do. This raises the issue of whether the determination of the meaning of a fundamental right by any particular branch of government ought to be binding on the other branches. In other words, should a pronouncement by any particular branch be authoritative?
This chapter examines of certain fundamental constitutional concepts, namely, the doctrine of the separation of powers, the rule of law, constitutionalism, the status of bills of rights as enforceable law, and the independent duty of the branches of government to interpret a bill of rights. This lays the groundwork for a discussion of the central question: whether one branch should have final say over the other branches as to the meaning of constitutional provisions, and in particular the provisions protecting fundamental rights. Finally, the concept of a constitutional conversation or dialogue is put forward as a practical model for the relationship between the branches of government as regards interpreting a bill of rights. |
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text |
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LEE, Jack Tsen-Ta |
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LEE, Jack Tsen-Ta |
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LEE, Jack Tsen-Ta |
title |
Fundamental Constitutional Concepts and the Roles of the Branches of Government |
title_short |
Fundamental Constitutional Concepts and the Roles of the Branches of Government |
title_full |
Fundamental Constitutional Concepts and the Roles of the Branches of Government |
title_fullStr |
Fundamental Constitutional Concepts and the Roles of the Branches of Government |
title_full_unstemmed |
Fundamental Constitutional Concepts and the Roles of the Branches of Government |
title_sort |
fundamental constitutional concepts and the roles of the branches of government |
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Institutional Knowledge at Singapore Management University |
publishDate |
2015 |
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https://ink.library.smu.edu.sg/sol_research/1523 https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99105659402601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,The%20Legal%20System%20of%20Singapore:%20Institutions,%20Principles%20and%20Practices&offset=0 |
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