LAW301: Explain what is meant by “This Constitution is the supreme law of the Republic of Singapore” in the context of Singapore’s constitutional culture: Legal Methods and the Singapore Legal System Essay, SUSS, Singapore

Question 1

Article 4 of the Constitution states: “This Constitution is the supreme law of the Republic of Singapore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.”

(a) Explain what is meant by “This Constitution is the supreme law of the Republic of Singapore” in the context of Singapore’s constitutional culture.

(b) Explain which branch of Government wields legitimate power to strike down legislative provisions deemed unconstitutional and how is this done.

Question 2

“There were two diametrically opposed High Court decisions, and then the Court of Appeal came in and decisively resolved the issue. Now there will be clarity going forward.”

(a) Discuss the significance of the recent apex court’s POFMA ruling in The Online Citizen Pte Ltd v AG (CA 47/2020) and Singapore Democratic Party v AG (CA 52/2020).

(b) How does this judgment affect future cases?