US constitution
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The United States Constitution is the supreme law of the United States of America. Most Americans take the term to mean the actual written text which was completed on September 17, 1787, with its adoption by the Constitutional Convention in Philadelphia, Pennsylvania, and was later ratified by special conventions in each state. When nine states of the then thirteen states ratified the document it marked the creation of a union of sovereign states, and a federal government to operate that union. It replaced the weaker, less well-defined union that existed under the Articles of Confederation and took effect on March 4, 1789. The Constitution of the United States is the oldest federal constitution currently in use.[1]
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History
Main article: History of the United States Constitution
During the Revolutionary War, the thirteen states first formed a weak central government—with the Congress being its only component—under the Articles of Confederation. Congress lacked any power to impose taxes, and, because there was no national executive or judiciary, it relied on state authorities, who were often uncooperative, to enforce all its acts. It also had no authority to override tax laws and tariffs between states. The Articles required unanimous consent from all the states before they could be amended and states took the central government so lightly that their representatives were often absent. For lack of a quorum, Congress was frequently blocked from making even moderate changes.
In September 1786, commissioners from five states met in the Annapolis Convention to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government. After debate, the Confederation Congress endorsed the plan to revise the Articles of Confederation on February 21, 1787. Twelve states, Rhode Island being the only exception, accepted this invitation and sent delegates to convene in May 1787. The resolution calling the Convention specified its purpose was to propose amendments to the Articles, but the Convention decided to propose a rewritten Constitution. The Philadelphia Convention voted to keep deliberations secret and decided to draft a new fundamental government design which eventually stipulated that only 9 of the 13 states would have to ratify for the new government to go into effect. These actions were criticized by some as exceeding the convention's mandate and existing law. However, Congress, noting dissatisfaction with the Articles of Confederation government, unanimously agreed to submit the proposal to the states despite what some perceived as the exceeded terms of reference. On September 17, 1787, the Constitution was completed in Philadelphia, followed by a speech given by Benjamin Franklin. In it he talked about how he wasn't completely satisfied with it but that perfection would never fully be achieved. He accepted the document as it was and he wanted all those against the ratification of it to do the same. The new government it prescribed came into existence on March 4, 1789, after fierce fights over ratification in many of the states.
The original transcribed copy of the Constitution is on permanent display at the National Archives in Washington, D.C. -
Preamble
Main article: Preamble to the United States Constitution
The Preamble reads:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The Preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution. The Preamble, especially the first three words ("We the people"), is one of the most quoted and referenced sections of the Constitution. -
Articles of the Constitution
The remainder of the constitution consists of seven articles.
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Legislative power
Main article: Article One of the United States Constitution
Article One establishes the legislative branch of government, U.S. Congress, which includes the House of Representatives and the Senate. The Article establishes the manner of election and qualifications of members of each House. In addition, it provides for free debate in congress and limits self-serving behavior of congressmen, outlines legislative procedure and indicates the powers of the legislative branch. Finally, it establishes limits on federal and state legislative power.
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Executive power
Main article: Article Two of the United States Constitution
Article Two describes the presidency (the executive branch): procedures for the selection of the president, qualifications for office, the oath to be affirmed and the powers and duties of the office. It also provides for the office of Vice President of the United States, and specifies that the Vice President succeeds to the presidency if the President is incapacitated, dies, or resigns, although whether this succession was on an acting or permanent basis was unclear until the passage of the 25th Amendment.
Article Two also provides for the impeachment and removal from office of civil officers (the President, Vice President, judges, and others). (See presidential system)
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Judicial power
Main article: Article Three of the United States Constitution
Article Three describes the court system (the judicial branch), including the Supreme Court. The article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Three also requires trial by jury in all criminal cases, defines the crime of treason, and charges Congress with providing for a punishment for it, while imposing limits on that punishment.
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States' powers and limits
Main article: Article Four of the United States Constitution
Article Four describes the relationship between the states and the Federal government, and amongst the states. For instance, it requires states to give "full faith and credit" to the public acts, records and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records or proceedings may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Ohio convicted of crimes within Arizona). It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Today, this provision is sometimes taken for granted, especially by citizens who live near state borders; but in the days of the Articles of Confederation, crossing state lines was often a much more arduous (and costly) process. Article Four also provides for the creation and admission of new states. The Territorial Clause gives Congress the power to make rules for disposing of Federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a republican form of government, and to protect the states from invasion and violence.
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Process of amendment
Main article: Article Five of the United States Constitution
Article Five describes the process necessary to amend the Constitution. It establishes two methods of proposing amendments: by Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum, not necessarily of the entire body) of the Senate and of the House of Representatives. Under the second method, two-thirds of the state legislatures may convene and "apply" to Congress to hold a national convention, whereupon Congress must call such a convention for the purpose of considering amendments. Thus far, only the first method (proposal by Congress) has been used.
Once proposed—whether submitted by a national convention or by Congress—amendments must then be ratified by three-fourths of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special conventions assembled in the states. The convention method of ratification has been used only once (to approve the 21st Amendment). Article Five currently places only one limitation on the amending power—that no amendment can deprive a state of its equal representation in the Senate without that state's consent.
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Federal power
Main article: Article Six of the United States Constitution
Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land. It also validates national debt created under the Articles of Confederation and requires that all legislators, federal officers, and judges take oaths to support the Constitution.
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Ratification
Main article: Article Seven of the United States Constitution
Article Seven sets forth the requirements for ratification of the Constitution. The Constitution would not take effect until at least nine states had ratified the Constitution in state conventions specially convened for that purpose. New Hampshire became that ninth state on June 21, 1788. Once the Congress of the Confederation received word of New Hampshire's ratification, it set a timetable for the start of operations under the Constitution, and, on March 4, 1789, the government under the Constitution began operations.
The Constitution was ratified by the states in the following order:
Date State Votes % Approval
Yea Nay
1 December 7, 1787 Delaware 30 0 100%
2 December 12, 1787 Pennsylvania 46 23 67%
3 December 18, 1787 New Jersey 38 0 100%
4 January 2, 1788 Georgia 26 0 100%
5 January 9, 1788 Connecticut 128 40 76%
6 February 6, 1788 Massachusetts 187 168 53%
7 April 28, 1788 Maryland 63 11 85%
8 May 23, 1788 South Carolina 149 73 67%
9 June 21, 1788 New Hampshire 57 47 55%
10 June 25, 1788 Virginia 89 79 53%
11 July 26, 1788 New York 30 27 53%
12 November 21, 1789 North Carolina 194 77 72%
13 May 29, 1790 Rhode Island 34 32 52%
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Corrections
In Article VII, the paragraph beginning, "The Word, 'The,' being interlined", makes clear certain corrections and modifications.
These changes can be seen by examining the high resolution images available on the National Archives website. -
Provisions for amendment
The authors of the Constitution were clearly aware that changes would be necessary from time to time if the Constitution was to endure and cope with the effects of the anticipated growth of the nation. However, they were also conscious that such change should not be easy, lest it permit ill-conceived and hastily passed amendments. Balancing this, they also wanted to ensure that an overly rigid requirement of unanimity would not block action desired by the vast majority of the population. Their solution was to devise a dual process by which the Constitution could be altered.
The first option must begin in Congress which, by a two-thirds vote (of a quorum) in each house, may initiate an amendment. Alternatively, the legislatures of two-thirds of the several states may ask Congress to call a national convention to discuss and draft amendments. To date, all amendments have been proposed by Congress; although state legislatures have on occasion requested the calling of a convention, no such request has yet received the concurrence required for such a convention.
In either case, amendments must have the approval of the legislatures or of smaller ratifying conventions within three-fourths of the states before becoming part of the Constitution. All amendments save one have been submitted to the state legislatures for ratification; only the 21st Amendment was ratified by individual conventions in the states.
Unlike most constitutions, amendments to the U.S. constitution are appended to the existing body of the text, rather than being revisions of or insertions into the main articles. There is no provision for expunging from the text obsolete or rescinded provisions.
Some people feel that demographic changes in the U.S.—specifically the great disparity in population between states—have made the Constitution too difficult to amend, with states representing as little as 4% of the population theoretically able to block an amendment desired by over 90% of Americans; others feel that it is unlikely that such an extreme result would occur. However, any proposals to change this would necessarily involve amending the Constitution itself, creating something of a Catch-22.
Aside from the direct process of amending the Constitution, the practical effect of its provisions may be altered by judicial decision. The United States is a common law country, and courts follow the precedents established in prior cases. However, when a Supreme Court decision clarifies the application of a part of the Constitution to existing law, the effect is to establish the meaning of that part for all practical purposes. Not long after adoption of the Constitution, in the 1803 case of Marbury v. Madison, the Supreme Court established the doctrine of judicial review, which is the power of the Court to examine legislation and other acts of Congress and to decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of various sections of the Constitution as they apply to particular cases brought before the Court. Since such cases will reflect changing legal, political, economic, and social conditions, this provides a mechanism, in practice, for adjusting the Constitution without needing to amend its text. Over the years, a series of Court decisions, on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases, has effected a change in the way many Constitutional clauses are interpreted, without amendment to the actual text of the Constitution.
Congressional legislation, passed to implement provisions of the Constitution or to adapt those implementations to changing conditions, also broadens and, in subtle ways, changes the meanings given to the words of the Constitution. Up to a point, the rules and regulations of the many agencies of the federal government have a similar effect. In case of objection, the test in both cases is whether, in the opinion of the courts, such legislation and rules conform with the meanings given to the words of the Constitution. -
Amendments
The Constitution has a total of 27 amendments. The first ten, collectively known as the Bill of Rights, were ratified simultaneously. The following seventeen were ratified separately.
The Bill of Rights (1–10)
United States Bill of RightsMain article: United States Bill of Rights
The Bill of Rights comprises the first ten amendments to the Constitution. Those amendments were adopted between 1789 and 1791, and all relate to limiting the power of the federal government. They were added in response to criticisms of the Constitution by the state ratification conventions and by prominent individuals such as Thomas Jefferson (who was not a delegate to the Constitutional Convention). These critics argued that without further restraints, the strong central government would become tyrannical. The amendments were proposed by Congress as part of a block of twelve in September 1789. By December 1791 a sufficient number of states had ratified ten of the twelve proposals, and the Bill of Rights became part of the Constitution.
It is commonly understood that the Bill of Rights was not originally intended to apply to the states, though except where amendments refer specifically to the Federal Government or a branch thereof (as in the first amendment, under which some states in the early years of the nation officially established a religion), there is no such delineation in the text itself. Nevertheless, a general interpretation of inapplicability to the states remained until 1868, when the Fourteenth Amendment was passed, which stated, in part, that:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Supreme Court has interpreted this clause to extend most, but not all, parts of the Bill of Rights to the states. Nevertheless, the balance of state and federal power has remained a battle in the Supreme Court.
The amendments that became the Bill of Rights were actually the last ten of the twelve amendments proposed in 1789. The second of the twelve proposed amendments, regarding the compensation of members of Congress, remained unratified until 1992, when the legislatures of enough states finally approved it and, as a result, it became the Twenty-seventh Amendment despite more than two centuries of pendency. The first of the twelve—still technically pending before the state legislatures for ratification—pertains to the apportionment of the United States House of Representatives after each decennial census. The most recent state whose lawmakers are known to have ratified this proposal is Kentucky in 1792 during that commonwealth's first month of statehood. -
First Amendment
Main article: First Amendment to the United States Constitution
The First Amendment addresses the rights of freedom of speech and the press; the right of peaceful assembly; and the right of petition. It also addresses freedom of religion, both in terms of prohibiting the establishment of religion and protecting the right to free exercise of religion.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
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Second Amendment
Main article: Second Amendment to the United States Constitution
The Second Amendment states, in its entirety, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Compared to other amendments, there is little case law about the Second Amendment.
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Third Amendment
Main article: Third Amendment to the United States Constitution
The Third Amendment prohibits the government from using private homes as quarters for soldiers without the consent of the owners. Much as the Second Amendment, there is largely no case law. There has been no Supreme Court case law, and only one case, Engblom v. Carey, which has even addressed the Third Amendment.[2]
"No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
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Fourth Amendment
Main article: Fourth Amendment to the United States Constitution
The Fourth Amendment guards against searches, arrests, and seizures of property without a specific warrant or a "probable cause" to believe a crime has been committed. A general right to privacy has been inferred from this amendment and others by the Supreme Court (See Griswold v. Connecticut), including a right to abortion (Roe v. Wade).
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
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Fifth Amendment
Main article: Fifth Amendment to the United States Constitution
The fifth forbids trial for a major crime except after indictment by a grand jury; prohibits repeated trials for the same offense after an acquittal (except in certain very limited circumstances); forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself (this is also known as "Taking the fifth" or "Pleading the fifth"). This is regarded as the "rights of the accused" amendment.
The Fifth Amendment also includes the "takings clause," which prohibits government from taking private property without "just compensation." This is the basis of eminent domain in the United States. This is a source of a fair amount of Constitutional law.
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." -
Sixth, Seventh, and Eighth Amendments
Main articles: Sixth Amendment to the United States Constitution, Seventh Amendment to the United States Constitution, and Eighth Amendment to the United States Constitution
The next three amendments regulate the justice system. The sixth guarantees a speedy public trial for criminal offenses. It requires trial by a jury (of peers), guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused. It also guarantees the accused a right to know the charges against him. The seventh assures trial by jury in civil cases involving anything valued at more than 20 United States dollars at the time, which is currently worth $300, when accounting for inflation. The eighth forbids excessive bail or fines, and cruel and unusual punishment. In 1966 the Supreme Court ruled that the fifth and sixth amendments were to be read to all persons placed under arrest, and as a result these two amendments have become known as the Miranda warning or Miranda rights.
6. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
7. "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."
8. "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
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Ninth and Tenth Amendments
Main articles: Ninth Amendment to the United States Constitution, Tenth Amendment to the United States Constitution
The last two of the first ten amendments contain very broad statements of constitutional authority.
The Ninth Amendment declares that the listing of individual rights in the Bill of Rights is not meant to be comprehensive; that the people have other unenumerated rights not specifically mentioned in the Constitution. The right of privacy has been interpreted as one of these unenumerated rights by many people. The right of the people to keep and bear arms (the protection of which right the Second Amendment prohibits infringement) is also often interpreted as another of these unenumerated rights by many people. [3] Other, pre-existing, non-enumerated rights, besides just these two, continue to exist because of the Ninth Amendment. There is little case law.
The Tenth Amendment provides that powers the Constitution does not delegate to the United States and does not prohibit the states from having are "reserved to the States respectively, or to the people." The phrase "or to the people", somewhat puzzling as to its applicability, was included to prevent this clause from overriding limitations on State powers within the States' respective constitutions.
9. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."'
10. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." -
Subsequent amendments (11–27)
Amendments to the Constitution subsequent to the Bill of Rights cover many subjects. The majority of the seventeen later amendments stem from continued efforts to expand individual civil or political liberties, while a few are concerned with modifying the basic governmental structure drafted in Philadelphia in 1787. Although the United States Constitution has been amended a total of 17 times, only 16 of the amendments are currently used because the 21st amendment supersedes the 18th.
Eleventh Amendment (1795): Clarifies judicial power over foreign nationals, and limits ability of citizens to sue states in federal courts and under federal law. (Full text)
Twelfth Amendment (1804): Changes the method of presidential elections so that members of the electoral college cast separate ballots for president and vice president. (Full text)
Thirteenth Amendment (1865): Abolishes slavery and grants Congress power to enforce abolition. (Full text)
Fourteenth Amendment (186
: Defines United States citizenship; prohibits states from abridging citizens' privileges or immunities and rights to due process and the equal protection of the law; repeals the three-fifths compromise. (Full text)
Fifteenth Amendment (1870): Prohibits the federal government and the states from using a citizen's race, color, or previous status as a slave as a qualification for voting. (Full text)
Sixteenth Amendment (1913): Authorizes unapportioned federal taxes on income. (Full text)
Seventeenth Amendment (1913): Establishes direct election of senators. (Full text)
Eighteenth Amendment (1919): Prohibited the manufacturing, importing, and exporting of beverage alcohol. (see prohibition) Repealed by the Twenty-First Amendment. (Full text)
Nineteenth Amendment (1920): Prohibits the federal government and the states from using a citizen's sex as a qualification for voting. (Full text)
Twentieth Amendment (1933): Changes details of Congressional and presidential terms and of presidential succession. (Full text)
Twenty-first Amendment (1933): Repeals Eighteenth Amendment. Permits states to prohibit the importation of alcohol. (Full text)
Twenty-second Amendment (1951): Limits president to two terms. (Full text)
Twenty-third Amendment (1961): Grants presidential electors to the District of Columbia. (Full text)
Twenty-fourth Amendment (1964): Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials. (Full text)
Twenty-fifth Amendment (1967): Changes details of presidential succession, provides for temporary removal of president, and provides for replacement of the vice president. (Full text)
Twenty-sixth Amendment (1971): Prohibits the federal government and the states from forbidding any citizen of age 18 or greater to vote. (Full text)
Twenty-seventh Amendment (1992): Limits congressional pay raises. (Full text)
There also have been many failed attempts to amend the Constitution. There are some that are still ongoing today (See Proposals for amendments to the United States Constitution). -
Now lets take a look at Singapore constitution
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Part II The Republic and the Constitution
Article 3 Republic of Singapore
Singapore shall be a sovereign republic to be known as the Republic of Singapore.
Article 4 Supremacy of the Constitution
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.
Article 5 Amendment of the Constitution
(1) Subject to this article and Article 8, the provisions of this Constitution may be amended by a law enacted by the Legislature.
(2) A Bill seeking to amend any provision in this Constitution shall not be passed by Parliament unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of the elected Members of Parliament referred to in Article 39 (1)(a).
(2a) Unless the President, acting in his discretion, otherwise directs the Speaker in writing, a Bill seeking to amend this clause, Articles 17 to 22, 22a to 22o, 35, 65, 66, 69, 70, 93a, 94, 95, 105, 107, 110a, 110b, 151 or any provision in Part IV or XI shall not be passed by Parliament unless it has been supported at a national referendum by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act.
(3) In this article, "amendment" includes addition and repeal.
Part III Protection of the Sovereignty
Article 6 No Surrender of Sovereignty
(1) There shall be
(a) no surrender or transfer, either wholly or in part, of the sovereignty of the Republic of Singapore as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and
(b) no relinquishment of control over the Singapore Police Force or the Singapore Armed Forces, unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act.
(2) For the purposes of this article
- "Singapore Armed Forces" means the Singapore Armed Forces raised and maintained under the Singapore Armed Forces Act, and includes any civil defence force formed under the Civil Defence Act and such other force as the President may, by notification in the Gazette, declare to be an armed force for the purposes of this article;
- "Singapore Police Force" means the Singapore Police Force and the Special Constabulary established under the Police Force Act and any Auxiliary Police Force created in accordance with Part X of that Act, and includes the Vigilante Corps established under the Vigilante Corps Act and such other force as the President may, by notification in the Gazette, declare to be a police force for the purposes of this article.
Article 7 Participation in Co-operative International Schemes
Without in any way derogating from the force and effect of Article 6, nothing in that Article shall be construed as precluding Singapore or any association, body or organization therein from
(a) participating or co-operating in, or contributing towards, any scheme, venture, project, enterprise or undertaking of whatsoever nature, in conjunction or in concert with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organization therein, where such scheme, venture, project, enterprise or undertaking confers, has the effect of conferring or is intended to confer, on Singapore or any association, body or organization therein, any economic, financial, industrial, social, cultural, educational or other benefit of any kind or is, or appears to be, advantageous in any way to Singapore or any association, body or organization therein; or
(b) entering into any treaty, agreement, contract, pact or other arrangement with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organization therein, where such treaty, agreement, contract, pact or arrangement provides for mutual or collective security or any other object or purpose whatsoever which is, or appears to be, beneficial or advantageous to Singapore in any way.
Article 8 Amendments by Two-thirds Majority
(1) A Bill for making an amendment to this Part shall not be passed by Parliament unless it has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act.
(2) In this article, "amendment" includes addition and repeal. -
Part XII Special Powers Against Subversion and Emergency Powers
Article 149 Legislation Against Subversion
(1) If an Act recites that action has been taken or threatened by any substantial body of persons, whether inside or outside Singapore
(a) to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property;
(b) to excite disaffection against the President or the Government;
(c) to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence;
(d) to procure the alteration, otherwise than by lawful means, of anything by law established; or
(e) which is prejudicial to the security of Singapore, any provision of that law designed to stop or prevent that action or any amendment to that law or any provision in any law enacted under clause (3) is valid notwithstanding that it is inconsistent with Article 9, 11, 12, 13 or 14, or would, apart from this article, be outside the legislative power of Parliament.
(2) A law containing such a recital as is mentioned in clause (1) shall, if not sooner repealed, cease to have effect if a resolution is passed by Parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this article.
(3) If, in respect of any proceedings whether instituted before or after the commencement of this clause, any question arises in any court as to the validity of any decision made or act done in pursuance of any power conferred upon the President or the Minister by any law referred to in this article, such question shall be determined in accordance with the provisions of any law as may be enacted by Parliament for this purpose; and nothing in Article 22c shall invalidate any law enacted pursuant to this clause.
Article 150 Proclamation of Emergency
(1) If the President is satisfied that a grave emergency exists whereby the security or economic life of Singapore is threatened, he may issue a Proclamation of Emergency.
(2) If a Proclamation of Emergency is issued when Parliament is not sitting, the President shall summon Parliament as soon as practicable, and may, until Parliament is sitting, promulgate ordinances having the force of law, if satisfied that immediate action is required.
(3) A Proclamation of Emergency and any ordinance promulgated under clause (2) shall be presented to Parliament and, if not sooner revoked, shall cease to have effect if a resolution is passed by Parliament annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the President to issue a new Proclamation under clause (1) or promulgate any ordinance under clause (2).
(4) Subject to clause (5) (b), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution, make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and any provision of this Constitu- tion (except Articles 22e, 22h, 144 (2) and 148a) or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the President for his assent, shall not apply to a Bill for such a law or an amendment to such a Bill.
(5)(a) Subject to Paragraph (b), no provision of any ordinance promulgated under this article, and no provision of any Act which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.
(b) Paragraph (a) shall not validate any provision inconsistent with
(i) Article 5 (2a);
(ii) the provisions of this Constitution specified in Article 5 (2a) conferring discretionary powers on the President; and
(iii) the provisions of this Constitution relating to religion, citizenship or language.
(6) At the expiration of a period of 6 months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period. -
Article 151 Restrictions on Preventive Detention
(1) Where any law or ordinance made or promulgated in pursuance of this Part provides for preventive detention
(a) the authority on whose order any person is detained under that law or ordinance shall as soon as may be, inform him of the grounds for his detention and, subject to clause (3), the allegations of fact on which the order is based and shall give him the opportunity of making representations against the order as soon as may be; and
(b) no citizen of Singapore shall be detained under that law or ordinance for a period exceeding 3 months unless an advisory board constituted as mentioned in clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the President.
(2) An advisory board constituted for the purposes of this article shall consist of a chairman, who shall be appointed by the President and who shall be or have been, or be qualified to be, a Judge of the Supreme Court, and two other members, who shall be appointed by the President after consultation with the Chief Justice.
(3) This article does not require any authority to disclose facts the disclosure of which would, in its opinion, be against the national interest.
(4) Where an advisory board constituted for the purposes of this article recommends the release of any person under any law or ordinance made or promulgated in pursuance of this Part, the person shall not be detained or further detained without the concurrence of the President if the recommendations of the advisory board are not accepted by the authority on whose advice or order the person is detained. -
Article 151a Defence and Security Measures
(1) Articles 22b (7), 22d (6), 148g (2) and (3), and 148h shall not apply to any defence and security measure.
(2) For the purpose of Clause (1), a defence and security measure means any liability or proposed transaction which the
Prime Minister and the Minister responsible for defence, on the recommendations of the Permanent Secretary to the Ministry of Defence and the Chief of Defence Force, certify to be necessary for the defence and security of Singapore, and any certificate under the hands of the Prime Minister and the Minister responsible for defence shall be conclusive evidence of the matters specified therein.
Part XIII General Provisions
Article 152 Minorities and Special Position of Malays
(1) It shall be the responsibility of the Government constantly to care for the interests of the racial and religious minorities in Singapore.
(2) The Government shall exercise its functions in such manner as to recognize the special position of the Malays, who are the indigenous people of Singapore, and accordingly it shall be the responsibility of the Government to protect, safeguard, support, foster and promote their political, educational, religious, economic, social and cultural interests and the Malay language.
Article 153 Muslim Religion
The Legislature shall by law make provision for regulating Muslim religious affairs and for constituting a Council to advise the President in matters relating to the Muslim religion.
Article 154 Impartial Treatment of Government Employees
Subject to the provisions of this Constitution, all persons of whatever race in the same grade of the service of the Government shall, subject to the terms and conditions of their employment, be treated impartially.
Article 154a Exemption
The President, acting in his discretion, may by order in the Gazette exempt any transaction or class of transactions, from the application of Article 144. -
Article 14 Freedom of Speech, Assembly, and Association
(1) Subject to clauses (2) and (3)
(a) every citizen of Singapore has the right to freedom of speech and expression;
(b) all citizens of Singapore have the right to assemble peaceably and without arms; and
(c) all citizens of Singapore have the right to form associations.
(2) Parliament may by law impose
(a) on the rights conferred by clause (1)(a), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence;
(b) on the right conferred by clause (1)(b), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof or public order; and
(c) on the right conferred by clause (1)(c), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, public order or morality.
(3) Restrictions on the right to form associations conferred by clause (1)(c) may also be imposed by any law relating to labor or education. -
sg constitution is too dam long and thick. i copy and paste the interesting bits
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Just to save you the trouble, the following has been posted in 'robbertteh's thread :
Definition of True Democracy:
These few Articles extracted from the Singapore Constitution will reveal so many contradictions that a National Document - which should be a Revered and Respected Treasure - has become nothing more then a sick work mocking the intelligence of the Citizens.
Extract from the Singapore Consitution
Article 12 Equality
(1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorized by this Constitution, there shall be no discrimination against citizens of Singapore on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding, or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
(3) This article does not invalidate or prohibit
(a) any provision regulating personal law; or
(b) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion.
Article 13 Prohibition of Banishment and Freedom of Movement
(1) No citizen of Singapore shall be banished or excluded from Singapore.
(2) Subject to any law relating to the security of Singapore or any part thereof, public order, public health or the punishment of offenders, every citizen of Singapore has the right to move freely throughout Singapore and to reside in any part thereof.
Article 14 Freedom of Speech, Assembly, and Association
(1) Subject to clauses (2) and (3)
(a) every citizen of Singapore has the right to freedom of speech and expression;
(b) all citizens of Singapore have the right to assemble peaceably and without arms; and
(c) all citizens of Singapore have the right to form associations.
(2) Parliament may by law impose
(a) on the rights conferred by clause (1)(a), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence;
(b) on the right conferred by clause (1)(b), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof or public order; and
(c) on the right conferred by clause (1)(c), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, public order or morality.
(3) Restrictions on the right to form associations conferred by clause (1)(c) may also be imposed by any law relating to labor or education.
Article 151 Restrictions on Preventive Detention
(1) Where any law or ordinance made or promulgated in pursuance of this Part provides for preventive detention
(a) the authority on whose order any person is detained under that law or ordinance shall as soon as may be, inform him of the grounds for his detention and, subject to clause (3), the allegations of fact on which the order is based and shall give him the opportunity of making representations against the order as soon as may be; and
(b) no citizen of Singapore shall be detained under that law or ordinance for a period exceeding 3 months unless an advisory board constituted as mentioned in clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the President.
(2) An advisory board constituted for the purposes of this article shall consist of a chairman, who shall be appointed by the President and who shall be or have been, or be qualified to be, a Judge of the Supreme Court, and two other members, who shall be appointed by the President after consultation with the Chief Justice.
(3) This article does not require any authority to disclose facts the disclosure of which would, in its opinion, be against the national interest.
(4) Where an advisory board constituted for the purposes of this article recommends the release of any person under any law or ordinance made or promulgated in pursuance of this Part, the person shall not be detained or further detained without the concurrence of the President if the recommendations of the advisory board are not accepted by the authority on whose advice or order the person is detained. -
Continuation:
Can there be Democracy for Singapore, when the Constitution has been drafted with so many contradicting provisions ?
One part of the Constitution will guarantee some benefits, while the same is negated by another part of the Constitution - as can be seen in Article 14 Freedom of Speech, Assembly and Association.
It is clear that the POWER OF ONE intend to monopolise the Law as it find suitable to fit its own agenda.
Does the POWER OF ONE respect the Constitution, or is it another window dressing tool that it find troublesome but necessary to accomodate its effort in putting up a good front.
Article 12 Equal Protection - guarantees everyone as being equal before the Law, and entitled to the equal protection of the Law.
Unfortunately, the political trials of the past three decades have shown the tardiness of the Judiciary System in its dispensing of justice that clearly turned a blind eye towards its constitutional responsibilities.
Article 13 - Prohibits the banishment and Freedom of Movement - yet the POWER OF ONE has been able to banish Singapore Citizens by disfranchising Singaporeans of their Citizenship Rights if they were to stay away from Singapore for more then TEN YEARS.
Banishment need not be away from the main island of Singapore and with restricted movement imposed - as was the case of Chia Thye Poh
Having been blindsided by the political manouvres in Parliamentary procedures, the Barisan Sosialis took their case to the Streets of Singapore through public demonstration - (non violent). Chia claimed that he was a Member of Parliament when he was arrested, although the Official Statement claimed otherwise.
Article 151 Restrictions on Preventive Detention - has the POWER OF ONE over-reached itself in detaining Chia Thye Poh for 23 years in solitary confinement, after which restrained his movement by banishing him to Sentosa Island and forcing him to earn a meagre income as a translator to feed himself ?
Does the POWER OF ONE respect the Singapore Constitution ?
If it does respect the provisions in the Singapore Constitutions, it should have been the earliest signatory to the UNITED NATIONS sponsored International Covenant on Civil and Political Rights when it was adopted in 1966 by the United Nations.
Ironically, Singapore joined the UN in 1965 - immediately after being kicked out of Malaysia, and in 1966 - Chia Thye Poh was arrested.
Should we be surprised to the intention of the POWER OF ONE, when the Peoples' Republic of China had voluntarily become a signatory party to this Internation Convenant on Civil and Political Rights in 1998, and Singapore is still holding out ? -
woah