For those interested in the full judgment.
Regarding no Constitutional Challenge: 122 Finally, we would reiterate that, in the light of our constitutional history since Singapore became an independent sovereign republic on 9 August 1965, there is no room for the argument that MDP legislation is unconstitutional because it is not “law” for the purposes of Art 9(1). In our view, whether or not our existing MDP legislation should have been enacted and/or whether such legislation should be modified or repealed are policy issues that are for Parliament to determine in the exercise of its legislative powers under the Singapore Constitution. It is for Parliament, and not the courts, to decide on the appropriateness or suitability of the MDP as a form of punishment for serious criminal offences. In view of the decisive rejection of a constitutional prohibition against inhuman punishment in the evolution of the Singapore Constitution (see [61]–[72] above), any changes in CIL and any foreign constitutional or judicial developments in relation to the MDP as an inhuman punishment will have no effect on the scope of Art 9(1). If any change in relation to the MDP (or the death penalty generally) is to be effected, that has to be done by Parliament and not by the courts under the guise of constitutional interpretation. I think the court meant that there should be no more challenges with regards to the MDP being unconstitutional due to it being inhumane. Having read the judgment, I do think Mr Ravi made a good case, but knowing our judicial attitude to activist Constitutional rulings, it was not going to fly. Using the Mithu case (India) was good since the Indian Constitution is the grandparent of ours. Also many of the cases were older than the Nguyen case, so I did not think the court would take them into account [34] I personally am no fan of the mandatory death penalty. I think there should be a death penalty, but the court should be allowed to decide if the person deserves the penalty or not.
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AuthorLate 30s. Dad. Thinking about life, family, work, and retirement. Sharing those thoughts with others Categories
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