Kevin YL Tan

Singapore’s Constitution was hastily cobbled together after her secession from the Federation of Malaysia in 1965. In the subsequent 50 years, the Constitution has been amended many times to evolve a Constitution like no other in the world. Outwardly, Singapore has a Westminster-type constitutional democracy, with an elected legislature, fundamental liberties and safeguards to ensure the independence of the judiciary. On closer inspection, the Constitution displays many innovative and unusual characteristics. Most notable among them are the various types of Members of Parliament that have been introduced since the mid-1980s, the office of the Elected President and the fact that there is no constitutional right to property. This volume seeks to explain the nature and context of these constitutional innovations in the context of a pluralistic, multi-ethnic state obsessed with public order and security. The volatile racial mix of Singapore, with its majority Chinese population nestled in a largely Malay/Islamic world, compels the state to search for ethnic management solutions through the Constitution to guarantee to the Malays and other ethnic minorities their status in the polity. In addition, it examines how the concept of the rule of law is perceived by the strong centrist state governed by a political party that has been in power since 1959 and continues to hold almost hegemonic power.

This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading. The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.