The doctrine of separation of powers is a fundamental aspect of Singapore’s Constitution. Discuss.
I. Introduction “A constitution establishes a basic institutional pattern which structures the mutual relations of government branches inter se as well as with the community at large.” [1] The doctrine of separation of powers, as opposed to the unity of powers, is intertwined with the concept of checks and balances. It is about placing legislative, executive and judiciary powers in different constitutional institutions to check potential power abuses.
In Singapore, the legislature has law-making powers, the executive has law enforcement powers and the judiciary has adjudication powers. This essay will discuss how the doctrine of separation…show more content… The doctrine of separation of powers would therefore complement the rule of law.
IV. Safeguarding the People’s Constitutional Rights
The fundamental rights and liberties for the People are set out in the Constitution and safeguarded by the doctrine of separation of powers.
The constitutional rights of the People are listed under the Part IV Fundamental Liberties of the Constitution:
• Article 9: Liberty of the person
• Article 10: Slavery and forced labour prohibited
• Article 11: Protection against retrospective criminal laws and repeated trials
• Article 12: Equal Protection
• Article 13: Prohibition of banishment and freedom of movement
• Article 14: Freedom of speech, assembly, and…show more content… To explain “equality” under Article 12, the case of Public Prosecutor v. Taw Cheng Kong (1998), the Singapore Court of Appeal held that “equality” under Article 12 did not mean that all persons were to be treated equally, but simply that all persons in like situations would be treated alike and if there was a law that differentiated a group of persons from another, it would contravene Article 12 of the Constitution if it failed the rational nexus