Beyond the Rules of Law in Singapore
Singapore Journal of Legal Studies [2012] 269–297 BETWEEN APOLOGY AND APOGEE, AUTOCHTHONY: THE ‘RULE OF LAW’BEYOND THE RULES OF LAW IN SINGAPORE Thio Li-ann∗ I. The ‘Rule of Law’ as One of the Pillars of Constitutional Architecture Against the triumvirate of evaluative factors (viz. the ‘rule of law’, human rights and democracy) assessing good government, domestic and foreign sources1 have given Singapore both good and bad reports. The litany of criticisms has been rehearsed elsewhere,2 but essentially charge that the Singapore legal system is one of ‘rule by law’, not ‘rule of law’, where law is apprehended in formalist terms as ‘lex’, rather than the more majestic justice-oriented ‘ius’.3 That is, Singapore’s formal or statist ‘rule of law’ promotes rule-following, rather than applying public power-constraining principles to control arbitrariness. While the ‘rule of law’ in protecting property rights and commercial transactions is broadly praised, its application in public law cases has attracted the greatest criti- cisms, some bearing weight.4 These criticisms relate to preventive detention, ouster ∗ Professor of Law, National University of Singapore. 1 See e.g., Li-ann Thio, “Lex Rex or Rex Lex: Competing Conceptions of the Rule of Law in Singapore” (2002) 20 UCLA Pac. Basin L. J. 1; Gordon Silverstein, “Singapore: The Exception that Proves Rules Matter” in Tom Ginsburg & Tamir Moustafa, eds., Rule by Law: The Politics of Courts in Authoritarian Regimes (Cambridge: Cambridge University Press, 2008) 73; Ministry of Law, Media Release, LAW 06/021/026, “Singapore’s Response to the Draft Report ‘Singapore: Rule of Law Issues of Concern”’ (9 April 2008) (on file with author).
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