Westminster Constitutions and Implied Fundamental Rights: Excavating an Implicit Constitutional Right to Vote

Abstract:     
Constitutional texts are products of conscious deliberation, although Westminster-based Constitutions are not exhaustive. This article examines whether there are implied rights in the Singapore Constitution, given express ministerial statements affirming the constitutional status of an implied right to vote. It evaluates the debates concerning the legal status of voting rights and explores the possible theoretical bases which may ground an interpretive method supporting the ‘declaration’ of implied fundamental rights, the legitimacy and nature of constitutional implications. Attention is paid to Australian experience in the judicial derivation of an implied right to freedom of political communication in considering methods of constitutional implications. It considers whether it is beneficial and desirable to have an express constitutional right to vote, what its content might be and reflects on the Singapore model of representative democracy and citizenship.

Number of Pages in PDF File: 28

Accepted Paper Series