What court decision on by-election reveals

In a commentary, SMU Assistant Professor of Law Jack Lee Tsen-Ta gave his views on what the Court’s decision on the Hougang by-election reveals. He said that the Court of Appeal’s judgement shows that the Court sees its role as policing the margins rather than involving itself in the heart of policies. He felt that the decision came as a surprise to those used to a judicial stance that is fairly deferential towards the Government. Assistant Prof Lee also noted that this is one of only a handful of cases in which the courts have not accepted the Government’s interpretation of the Constitution. He also pointed out that in this context, deference does not imply any bias in favour of the Government. Rather, it suggests that it is appropriate for judges to assume that the Government is better placed than they are to make certain types of decisions, such as those involving national security or complex policy issues.

Source
TODAY