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The Doctrine Of Severability In Constitutional Review: A Perspective From Singapore, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The Singapore Court of Appeal’s decision in Prabagaran a/l Srivijayan v Public Prosecutor represents a substantial development in Singapore’s law on the doctrine of severability in constitutional review. An examination of Prabagaran reveals rich theoretical underpinnings relating to the nature of legislative intent. The case rightly locates the crux of the severability inquiry in secondary legislative intention, i.e. the legislature’s intention, at the time a statute was enacted, as to what should happen in the event that part of the statute is later held to be unconstitutional. This approach is preferable to the approach of asking whether excision of unconstitutional …