Abstract

https://ssrn.com/abstract=2818465
 


 



Rethinking the Presumption of Constitutionality


Jack Tsen-Ta Lee


Singapore Management University - School of Law

July 1, 2016

Jaclyn L Neo (ed), Constitutional Interpretation in Singapore: Theory and Practice (Abingdon, Oxon; New York, NY: Routledge) (ISBN 978-1-138-91448-3), Chapter 6, pp. 139-158, 2016
Singapore Management University School of Law Research Paper No. 16/2016

Abstract:     
Singapore courts apply a “strong presumption of constitutional validity” when considering if legislative or executive actions infringe the Constitution. They have also stated that the related doctrine of omnia praesumuntur rite esse acta – all things are presumed to have been done rightly – should be applied to the acts of persons holding high constitutional office such as the President, the Attorney-General, Cabinet members and judges. The presumption of constitutionality casts a heavy onus on an applicant for judicial review to make arguments or adduce evidence sufficient to require the government to justify the constitutionality of the action. This chapter traces the origin of the presumption and examines whether its application in constitutional cases is justified.

Keywords: constitutional law, presumption of constitutionality, Singapore law

JEL Classification: K19


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Date posted: August 10, 2016 ; Last revised: October 20, 2016

Suggested Citation

Lee, Jack Tsen-Ta, Rethinking the Presumption of Constitutionality (July 1, 2016). Jaclyn L Neo (ed), Constitutional Interpretation in Singapore: Theory and Practice (Abingdon, Oxon; New York, NY: Routledge) (ISBN 978-1-138-91448-3), Chapter 6, pp. 139-158, 2016; Singapore Management University School of Law Research Paper No. 16/2016. Available at SSRN: https://ssrn.com/abstract=2818465

Contact Information

Jack Tsen-Ta Lee (Contact Author)
Singapore Management University - School of Law ( email )
60, Stamford Road
Level 4
Singapore, 178900
Singapore
HOME PAGE: http://www.law.smu.edu.sg

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