Constitutionalising Capital Crimes: Judicial Virtue or 'Originalism' Sin?
Singapore Journal of Legal Studies, 2011, July, pp. 281-288
8 Pages Posted: 6 Oct 2017
Date Written: 2011
Abstract
This comment seeks to respond to Professor Thio Li-ann’s arguments recently published in this Journal, where she applauds the Singapore Court of Appeal in Yong Vui Kong v. Public Prosecutor for its purported discernment of the Framers’ original intent when interpreting the Constitution of the Republic of Singapore, and its newfound receptivity to comparative reasoning in constitutional adjudication. This author is in complete agreement insofar as Professor Thio lauds the value of comparative constitutionalism in Singapore.
However, this author respectfully disagrees with the learned Professor’s defence of the Court’s decision on an originalist understanding of the Singapore Constitution.
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