Singapore, 'shared values' and law: non east versus west constitutional hermeneutic

Sheehy, B 2004, 'Singapore, 'shared values' and law: non east versus west constitutional hermeneutic', Hong Kong law journal, vol. 34, no. 1, pp. 67-82.


Document type: Journal Article
Collection: Journal Articles

Title Singapore, 'shared values' and law: non east versus west constitutional hermeneutic
Author(s) Sheehy, B
Year 2004
Journal name Hong Kong law journal
Volume number 34
Issue number 1
Start page 67
End page 82
Total pages 16
Publisher Sweet & Maxwell Asia
Abstract This article examines the apparent contradictions in Singaporean interpretation and application of its Westminster modeled Constitution in which the Constitution is treated as any other piece of legislation and Western style individual rights are easily overrun. It also examines the Government's particularist claim to Asian values as an explanation for its handling of the Constitution and seeks an alternative approach to understand the Constitution with reference to the Government publication, the Shared Values. The author suggests that this Document serves as a quasi-Constitution, and finds that interpreting two leading cases with this hermeneutic leads to a more satisfactory understanding of the court's decisions. The article concludes that the Government's approach toward the law to create the society it envisioned and published in the Document is a different and pragmatic issue, rather than a result of any fundamental East versus West cultural difference.
Subject Corporations and Associations Law
Keyword(s) values
Singapore
constitution
individual rights
cultural difference
Copyright notice © 2004 Sweet & Maxwell Asia
ISSN 0378-0600
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