Contribution to Book
Rethinking the Presumption of Constitutionality
Constitutional Interpretation in Singapore: Theory and Practice
(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
Disciplines
Publication Date
June 20, 2016
Editor
Jaclyn L Neo
Publisher
Routledge
Series
Routledge Law in Asia
ISBN
978-1-138-91448-3
DOI
10.4324/9781315690766-7
Citation Information
Jack Tsen-Ta Lee, "Rethinking the Presumption of Constitutionality" in Jaclyn L Neo (ed), Constitutional Interpretation in Singapore: Theory and Practice (Abingdon, Oxon; New York, NY: Routledge, 2016) (ISBN 978-1-138-91448-3), chapter 6, pages 139–158 (https://www.routledge.com/Constitutional-Interpretation-in-Singapore-Theory-and-Practice/Neo/p/book/9781138914483)