Saturday, July 6, 2013

Unfettered Discretion

Don't pop the bottle of champagne yet. The Court of Appeal may have reversed a High Court decision and ruled that the Singapore Prime Minister does not have unfettered discretion in whether to call a by-election when an elected Member of Parliament (MP) vacates his seat, but the devil's in the details. Speaking for the three Judges of Appeal (Chao Hick Tin, Andrew Phang, V k Rajah), Justice Chao said, "A Member of Parliament represents and is the voice of his constituents. If a vacancy is left unfilled for a unnecessarily prolonged period, that would raise a serious risk of disenfranchising the residents of that constituency."

The learned judges also made it clear that risk applies only in a Single-Member Constituency (SMC). The residents of a Group Representation Constituency (GRC) does not enjoy the same protection that their elected voice will always be heard in parliament. The Singapore Constitution has a special provision for that quirk in a GRC.

In current practice, a political neophyte can be justified to ride the coattails of a "seasoned" MP into parliament, since his/her inexperience is supposed to be balanced by the more senior politicians in the GRC team. But when the old codgers finally kick the bucket while in office, the residents may be shortchanged with a set of fresh faces, still desperately trying to keep up with the demands of the expensive on-the-job-training, stomping in frustration, "I don't know what to say".

PM Lee told the DBS Asia Leadership Dialogue gathering that a sustainable economic model starts with politics, "Because if your politics is wrong, your economics is bound to go wrong." Is that why the Gini coefficient is going off the chart (by getting another 10 billionaires to move to Singapore as the prime minister suggests), the infrastructure is strained to breaking point, and good people don't want to go into politics? In his heyday, Lee Kuan Yew would never allow a divorcee to stain his cabinet line up. Once a strong resolve is compromised, it is inevitable the whole house of cards will start to fall.

15 comments:

  1. You are incorrect to say the Constitution provides for the "quirk". There is no such provision in the Constitution but the "quirk" is provided in the Parliamentary Elections Act. This raises the interesting question whether that provision conflicts with Article 49 and is therefore void. No doubt it will be tested in due course.

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    1. "You are incorrect to say the Constitution provides for the "quirk". There is no such provision in the Constitution"

      You are blind, is it ? Or you are born yesterday ? It is there , it just that you can't see it as you are lesser mortals. Only the god and demi-god can see it and make it appear as they wish and like.

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    2. You claim that it is in the Constitution. Would you point out which Article of the Constituition which provides that in the case of GRCs there is no need to call by-elections? Do not try to be clever.

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  2. If they can do with less GRC members than originally called for and does not need to call for a by-election if one member falls vacant, does this not give the lie away that there is no need for so many members in the GRC team in the first place.

    And why does PAP continue to keep this lie conning us forever?

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  3. You mean K-Shanmuggam? Does anyone know whether Lee HY is a divorcee? I read rumours going around. Maybe Tattler can confirm for us.

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    1. I think it is important to look at the circumstances why a person becomes a divorcee before writing him/her off for higher political office. If you look at the 2 scenarios below, you will see oldfart is not that wise afterall and of course his useless son is 100 times worse.

      Now let's say I am a married man and my name is Shambugger, what do you think of me if I am known to covertly meet my female lover frequently ? Or how about if my name is wood choke tong and i am known to be impotent in dealing with my wife having a notorious con man as lover? :)

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    2. Is Lee HY in the cabinet? If not, don't waste money for the fee at ROM to find out.

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  4. so how abt importing some ft to become MPs? After all, Grace and co. thought politics is a career, rather than a service to the country, so why not FT MPs, Ministers and PM or President? And more importantly, why do all the ministries continue to be headed by useless OJT Perm Secs and Directors paid at a million or two a pop, when one can hire far more experienced technocrats and bureacrats from abroad? I can understand why its not a possibility in any other nation, but the PAP has long confused managing a country's affairs with running a corporation. What does Teo think? Sorry, he is just a seat warmer for the grandson, my bad...

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    1. You mean the one who marry Sheng Shiong boss's daughter? Is he the albino son or the other son? Can Tattler confirm for us?

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    2. you mean HoJinx's step daughter was married off to the ShengShiong family ?
      the famiLee food supply is hence assured ?

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    3. The one who carried Gecko's portrait at Mandai crematorium.

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    4. The anointed grandson will be the grandson of the only honest economist in Singapore, and not son of some Ipoh villager. And no, it was PM's daughter who married into the supermarket chain lah! How can PM's eldest son marry supermarket's son leh?

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  5. The question of serious constitutional importance before the High Court was whether the expression “shall be filled by election” in Article 49(1) of the Constitution of the Republic of Singapore means that the Prime Minister must advise the President to issue a Writ of Election to fill the vacancy of an elected Member of Parliament; and if so, when must the Writ of Election be issued. To argue about the elected Member of Parliament being from a SMC or GRC is just straining at gnats while swallowing the camels.

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    1. Why don't you read the Judgment at paragraph 80 before offering you smart-ass comments?

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  6. What's good in the Court of Appeal judgement if they can just go to parliament and amend the Article to their favour?
    After all, there's has been a precedence before - in the JBJ's judgement by the Privy Council where the fury was so great that they abolished PC appeals altogether

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