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?