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18 eLaw J. 28 (2011)
Defending Singapore's Internal Security Act: Balancing the Need for National Security with the Rule of Law

handle is hein.journals/elajrnl18 and id is 28 raw text is: J Zee Defending Singapore's Internal Security Act DEFENDING SINGAPORE'S INTERNAL SECURITY ACT: BALANCING THE NEED FOR NATIONAL SECURITY WITH THE RULE OF LAW Josiah Zee* Abstract The Internal Security Act (ISA)l has long been a contentious topic in Singapore. Labelled as a weapon against any internal threat, its relevance and usage have evolved alongside the changing security and political climate over the past five decades since its enactment in the 1960s. Notably, the legislation provides for indefinite preventive detention, which serves as a deterrent measure to combat subversive behaviour and acts of terror. However, the lack of safeguards protecting people's fundamental liberties and the limitations on judicial review by the ISA has made it open to criticism. This paper examines the two main issues concerning the rule of law in the context of the ISA: (1) whether the ISA allows the executive an arbitrary exercise of its discretion in enforcing preventive detention; and (2) whether the restrictions imposed on judicial review over executive discretion by the ISA contradict the rule of law. This paper suggests that the answer depends on the different perspectives adopted towards the concept of rule of law. 1 INTRODUCTION Stability does not come naturally to Singapore. We are peculiarly vulnerable. If our balance of security and stability is shattered, it is doubtful if we on our own can ever put Singapore together again.2 These words spoken by one of Singapore's founding fathers, Lee Kuan Yew,3 have been the foundation for the country's zealous stance towards the protection of its domestic security. Over the past two decades or so, the Singapore Government has had to use the ISA on several occasions to contain threats that undermined the internal stability of the young nation. Between May and June 1987, the ISA detained 22 people who were alleged to be involved in a Marxist Conspiracy.4 In January 1999, then Minister for Home Affairs, Wong Kan Seng, disclosed that over the past two years, six people had been arrested and detained without trial for espionage activities.5 As recently as July 2010, a 20 year-old national serviceman was detained The author is currently completing his LLB degree at the Australian National University (ANU). He was also a student editor at the elaw Journal: Murdoch University Journal ofLaw. He can be reached at u4819708Lvanu.edu.au I Unless otherwise stated, all references are to the Internal Security Act (Singapore, Cap 143, 1985 rev ed). 2 Lee Kuan Yew, Mission Statement, Internal Security Department (2003) <http://www.mha.gov.sg/isd/abt-isd.htm>. Mr. Lee Kuan Yew was former Minister Mentor of Singapore. Effectively retired from the Cabinet on 21th May 2011 after the 2011 General Elections, he has retained his seat in Parliament and remains a Member of Parliament (MP) representing Tanjong Pagar Group Representation Constituency (GRC). 4 See Editorial, 'Marxist Plot Uncovered', The Straits Times (Singapore), 22 May 1987, 1; Alan John, 'Govt Detains Six More', The Straits Times (Singapore), 21 June 1987, 1. 5 Editorial, '6 Held for Espionage', The Straits Times (Singapore), 22 January 1999, 53. eLaw Journal: Murdoch University Electronic Journal of Law (2011) 18(1) 28

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