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AUTONOMY, DEFERENCE AND CONTROL: JUDICIAL DOCTRINE AND FACETS OF SEPARATION OF POWERS IN SINGAPORE

AUTONOMY, DEFERENCE AND CONTROL: JUDICIAL DOCTRINE AND FACETS OF SEPARATION OF POWERS IN SINGAPORE

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Abstract: This article examines judicial engagement with the idea of separation of powers in Singapore. It identifi es and analyses three judicial doctrines that are explicitly justifi ed by the courts as being underpinned by the separation of powers. These are the doctrine of the exclusivity of judicial power, the doctrine of the presumption of constitutionality and the doctrine of judicial review. In analysing these doctrines and how the courts have employed the separation of powers to justify them, this article points to differing conceptions of separation, namely separation as autonomy of the different branches of government, separation as deference to the political branches and separation as judicial control of the other branches of government.

Keywords: judicial power; judicial review; deference; autonomy; separation of powers; constitutionalism; parliamentary supremacy; constitutional supremacy

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