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

1 SAcLJ 1 (1989)
The Evolution of Singapore's Modern Constitution: Developments from 1945 to the Present Day

handle is hein.journals/saclj1 and id is 9 raw text is: 1 S.Ac.L.J. THE EVOLUTION OF SINGAPORE'S MODERN CONSTITUTION: DEVELOPMENTS FROM 1945 TO THE PRESENT DAY Introduction Any lawyer studying the constitutional histories of former British colonies will quickly realise that the transition from colony to independence on the basis of an established constitutional framework in these former colonies have often proved disastrous. Indeed, the failure of constitutional government in these former colonies has been the norm rather than the excception. Singapore's story is in that sense unique. This brief history of Singapore's constitutional development from 1945 to the present documents the various changes that have taken place over the past 45 years. The Constitutional Position Before 19422 The structure of government in the early years of Singapore's history was haphazard and confusing. When Sir Stamford Raffles claimed Singapore for the British East India Company in 1819, he placed her under the government of Bencoolen, of which he was the Lieutenant-Governor. The Presidency at Bencoolen was in turn, subordinate to the Supreme Council in Fort William, Bengal. The Supreme Council, had extensive legislative powers granted under Pitt's Act of 1784 and the power to legislate for Singapore lay in Fort William. Raffles had staked the British claim on Singapore without express authority from his superiors in Bengal and it was not till 1824 that Singapore and Malacca were effectively transferred to the East India Company by the British Parliament.3 At the same time, both territories became subordinate to Fort William and subject to the jurisdiction of the Supreme Court of Judicature in Fort William.4 In 1858, the East India Company was abolished and Singapore came under the direct administration of the new Indian Government.s Indian rule proved unsatisfactory as the local population felt that legislators in India were insensitive to local needs. After much agitation both in Singapore and in the British Parliament, Singapore was transferred to the Colonial Office in 1867.7 At the time of transfer, Singapore was given a normal colonial constitution. 1. For Singapore's earlier constitutional history, see the author's A Short Legal and Constitutional History of Singapore in The Singapore LegalSystem (W. Woon ed., Singapore: Longmans, 1989) at 3. 2. For a more detailed account, see ibid. 3. 5 Geo IV, c. 108. 4. See, 39 & 40 Geo III, c. 79. 5. 21 & 22 Vic, c. 106. 6. This was done via the Straits Settlements Act, 29 & 30 Vic, c. 115. 7. See Letters Patent dated 4 February 1867.

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