New approaches to the constitutional guarantee of equality before the law: 'Lim Meng Suang v Attorney-General' [2015] 1 SLR 26 (CA); [2013] 3 SLR 118 (HC): 'Tan Eng Hong v Attorney-General' [2013] 4 SLR 1059 (HC); [2012] 4 SLR 476 (CA)

• Main Author: ONG, Benjamin Joshua
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2016
• Subjects: Constitutional Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/2455; https://ink.library.smu.edu.sg/context/sol_research/article/4413/viewcontent/New_approaches_to_the_constitutional_guarantee_of_equality_before_the_law.pdf
• Institution: Singapore Management University

In a recent series of challenges to s 377A of the Penal Code (Cap 224, 2008 Rev Ed), the courts have developed the jurisprudence on review of legislation under Art 12(1) of the Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) ("the Constitution"). Both the High Court and the Court of Appeal set a very high (but not insurmountable) threshold, but each did so in a different manner due to differing conceptions of equality. A critical examination of both approaches shows that the courts' conclusions are ultimately defensible more as a means of disposing of the instant case than as a watertight doctrinal foundation for Art 12(1) adjudication. The judgments also bring up other miscellaneous areas for further development.