Constitutional Law 2
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Transcript of Constitutional Law 2
The English Parliament Norman kings - Great Council
or Magnum Concilium (land-owning barons)
Curia Regis or King’s Council Parlement (‘Talking shop’) 14th century - 2 houses -
House of Lords & House of Commons – consequence of history
Conflict between Parliament and the Crown
Civil War & Glorious Revolution 1688 led to growth of 2-party system: Whigs & Tories
Erosion of powers of House of Lords 1909-1911
1819-1867: No legislative powers - governed from India. Laws made by Governor-in-Council
1867 - Straits Settlements - Crown Colony - own Legislative Council (Legco)
1955 - Elections under Rendel Constitution - Governor retaining veto powers
1958 - State Constitution - fully elected 51-member Parliament
Symbol of Democracy - majoritarian rule
Prime Body for making laws
One of three component bodies making up the Government under separation of powers doctrine
Single House as opposed to Dual House
Rendel Commission’s recommendations
Too small
Parochial interests - divisive
Practicality
Wee Chong Jin Commission
‘…perpetuate racial and other differences but would also entail setting up of separate electoral rolls and require and involve the complicated task of defining the various minority groups
Wee Chong Jin Commission
Recommended establishment of Council of State made up of ‘mature and respected citizens who shall have either rendered distinguished public service or have attained eminence in their respective walks of life’
Requisites for representative government:
Truly representative assembly
Ability to discuss issues freely and frankly
Binding nature of legislature’s decisions
General Elections once every 5 years As many members of Parliament as there are
constituencies Simple plurality system of voting Qualifications:
Singapore citizen above age of 21 Name appears on voting register Not under death sentence
Compulsory voting Secret Ballot Eligibility of Candidates
Singapore Citizen above age of 21 Resident in Singapore at time of nomination Able to take active part in debate Sound mind No undischarged bankrupt
Single-seat MPs
GRC MPs 1988
Non-constituency MPs 1984
Nominated MPs 1990
Speaker of Parliament
Deputy Speaker
Clerk of Parliament
The Whip
Leader of the House
Parliamentary Committees
Committee of the Whole House Sessional Committees
Selection Public Accounts Estimates Standing Orders House Public Petitions Privileges
Committee of the Whole House Select Committees Government Parliamentary Committees
Rule formation
Introduction of Bills - First Reading
Second Reading
Committee Stage
Select Committee
Committee of Whole House
Third Reading
Presidential Council for Minority Rights
Exemptions - Money Bills, Bills on Certificate of Urgency & Bills affecting defence, security, public safety, peace or good order of Singapore
Differentiating Measure
‘… likely in its practical application to be, disadvantageous to persons of any religious community and not equally disadvantageous to person of other such communities, either directly by prejudicing persons of that community or indirectly by giving advantage to persons of another community.’
Subsidiary Legislation
Ultra vires doctrine
Scrutiny of the Presidential Council for Minority Rights
NCMPs [1984] – Need to ‘ensure the representation in Parliament of a minimum number of Members from a political party or parties not forming the government.’
GRCs [1988] – Arose from ‘voting trend which showed young voters preferring candidates who were best suited to their own needs without being sufficiently aware of the need to return a racially balanced slate of candidates.’
Town Councils
CDCs & Mayors
Nominated MPs – Need for alternative views not espoused by parties in Parliament that tended to be partisan and sometimes oppositional for the sake of opposition.
Role of the PCMR? Still useful?
Have we settled the problem of representation? Are GRCs the way to go? What about the conflation of functions with Town Councils? What about NMPs?
GRCs & the Right to vote.
Elections and Electoral Boundaries
What next?