About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

32 Malaya L. Rev. 207 (1990)
The Diceyan Perspective of Supremacy and the Constitution of Singapore

handle is hein.journals/sjls32 and id is 215 raw text is: 32 Mal. L.R. THE DICEYAN PERSPECTIVE OF SUPREMACY AND THE CONSTITUTION OF SINGAPORE The quintessence of the supremacy of the constitution according to Dicey lies in the constitution (1) being written, (2) being rigid, and (3) providing for judicial review. This article examines the existence of these criteria in the constitution of Singapore. As relevant local case law is very limited, an effort is made to interpret the provisions of the constitution, mostly in the context of the experience in the working of the pertinent provisions of the constitution of India and Malaysia, which are germane to the constitution of Singapore. ARTICLE 4 of the Constitution of the Republic of Singapore describes itself as the supreme law of the land and provides that any post-constitutional' legislation inconsistent with the constitution, shall to the extent of in- consistency be void. The supremacy clause is the keystone of a federal polity without which the federal structure may collapse. Art. VI of the American Con- stitution2 incorporating the supremacy clause has been instrumental in establishing the hegemony of the national government vis-i-vis the State governments. The Federal Constitution, the laws enacted by Congress, and Federal treaties, as such prevail over conflicting State Constitutions and laws.3 However, in a written unitary constitution like Singapore's its de- scription of itself as the supreme law of the land is without any legal significance. Paramountcy of the constitution over ordinary legislation is an attribute of every written constitution. As John Marshall C.J. expounded in Marbury v. Madison:4 Certainly those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, Reprint No. I of 1980 (1985 Rev. Ed.). Art. 156: Subject to the provisions of Part XIV, this Constitution shall come into operation immediately before 16th September 1963. 2 Excerpt of Art. VI: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made under the Authority of the United States, shall be the supreme law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding. 3 See B. Schwartz, A Commentary on the Constitution of the United States: Part I - The Powers of the Government (1977), Vol. I, pp. 37-74. 4 I Cranch 137 (1803).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most