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

28 Pages Posted: 30 Jan 2010  

Li-ann THIO

National University of Singapore (NUS) - Faculty of Law

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.

Suggested Citation

THIO, Li-ann, Westminster Constitutions and Implied Fundamental Rights: Excavating an Implicit Constitutional Right to Vote. Singapore Journal of Legal Studies, pp. 406-433, December 2009. Available at SSRN: https://ssrn.com/abstract=1543638

Li-ann THIO (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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