Publication Type

Journal Article

Version

publishedVersion

Publication Date

3-2022

Abstract

Articles 14 and 15 of the Singapore Constitution enshrine the rights to free speech, religious freedom, and other related rights in Singapore. These provisions also set out the circumstances under which these rights may be restricted. Notably, however, these provisions are directed at legislativerestrictions. The question is how they are applicable to executive action. This paper suggests that there are two possible means by which one can assess the constitutionality of executive action under Articles 14 and 15 in Singapore – the jurisdictional and substantive approaches – and demonstrates that evidence of both approaches can be found in Singapore law. Drawing upon constitutional theory, the paper argues that the theoretical foundation for legal doctrine in this regard ought to be a combination of both the jurisdictional and substantive approaches, and also discusses the doctrinal test by which challenges to executive action under Articles 14 and 15 should be assessed.

Discipline

Comparative and Foreign Law | Public Law and Legal Theory

Research Areas

Legal Theory, Ethics and Legal Education; Public Law

Publication

Singapore Journal of Legal Studies

Volume

2022

Issue

1

First Page

26

Last Page

45

ISSN

0218-2173

Publisher

National University of Singapore

Download

Share

COinS