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The Republic of Singapore achieved independence in 1965 upon withdrawing from the Federation of Malaysia. When Snigapore separated from Malaysia, the "Constitution of Sngarepo" (the Constitution of the State of Singapore which Snigapore received when itjoined Malaysia) continued to have legal effect, but being a state constitution it was inadequate in many respects for an independent nation. Since separation this document has been amended on several occasions. The Republic of Singapore Independence Act 1965 is a significant statute enacted by Singapore's legislature four months after separation to provide, inter alia, "that all existing laws shall continue in force on or after Singapore Day". Certain provisions of the Constitution of Malaysia were made applicable in Singapore as a result of Section 6 of Republic of Singapore Independence Act, which prescribed that certain specified provisions of the Malaysian Constitution, including most of the provisions concerning fundamental liberties, would continue to have force in Singapore. Part II, dealing with fundamental liberties, of the Malaysian Constitution (Federal Constitution), that is, Article 5 (Liverty of the person), Article 6 (slavery and enforced labour prohibited), Article 7 (protection against retrospective criminal laws ans repeated trials), Article 8 (equality), Article 9 (prohibition of banishment and freedom of movement), Article 10 (freedom of speech, assembly and association), Article 11 (freedom of religion) and Article 12 (rights in respect of education)continued as part of the "Constitution of Singapore". But Article 13 (1), Par II, of the Federal Constitution, which gaverns the right to property and adequate compensation for the depreciation of this right by Government, was deliberately omitted. Most of these provisions relating to fundamental liberties as part of the "Constitution of Singapore" were incorporated in "Reprint of the Constitution of the Republic of Singapore, 1980", which was prepared by the Attorney-General, on 31 st march, 1980, Singapore, with the authority of the President. On the other hand, in 1966 a constitutional commission was appointed to consider how the rights of racial, linguistic and religious minorities could be adequately safeguarded by being written into the new constitution. The air was to create a united, multiratial, free and democratic nation in which all its citizens have equal rights and opportunities and thus to entrench into the constitution fundamental rights of individuals and citizen, including prohibition against discrimination on grounds of race, descent, origin or religion. The Constitutionnal Commission recommended the creation of a non-elected advisory body, a "council of state" of eminent citizens, who could debate any measure that might discriminate against a minority and could act as a check on new legislation. The proposales for a "Presidential Council" was accepted. And an amendment to the constitution, which provided for the setting up of a "Presidential Council", to ensure that the provisions of such proposed legislation were not unfairly discriminatory or inconsistent with fundamental liberties, was made in 1969. In this paper I will consider the Singapore's constitutional history and will give special consideration to the provisions concerning fundamental liberties and the ethnic minority rights in the Constitution of the republic of Singapore.
和歌山県立医科大学の論文

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野畑健太郎
和歌山県立医科大学教養部

シンガポール憲法史 : 人権保障を中心に

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