Analysing the constitutionality of executive action under articles 14 and 15 in Singapore – Theoretical and doctrinal perspectives

• Main Author: CHNG, Wei Yao, Kenny
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2022
• Subjects: Comparative and Foreign Law; Public Law and Legal Theory
• Online Access: https://ink.library.smu.edu.sg/sol_research/3977; https://ink.library.smu.edu.sg/context/sol_research/article/5935/viewcontent/Analysing_the_constitutionality.pdf
• Institution: Singapore Management University

Articles 14 and 15 of the Singapore Constitution enshrine the rights to free speech, religious freedom, and other related rights in Singapore. These provisions also set out the circumstances under which these rights may be restricted. Notably, however, these provisions are directed at legislativerestrictions. The question is how they are applicable to executive action. This paper suggests that there are two possible means by which one can assess the constitutionality of executive action under Articles 14 and 15 in Singapore – the jurisdictional and substantive approaches – and demonstrates that evidence of both approaches can be found in Singapore law. Drawing upon constitutional theory, the paper argues that the theoretical foundation for legal doctrine in this regard ought to be a combination of both the jurisdictional and substantive approaches, and also discusses the doctrinal test by which challenges to executive action under Articles 14 and 15 should be assessed.