Conclusion
The two-page original copy of the proclamation of Singapore by Lee Kuan Yew in the National Archives of Singapore collection has rust stains and punch holes. The rust stains indicate that the document had been stapled together while punch holes on the side of the document show that it had been filed away in a similar way to other ordinary working documents.
This perhaps is a stark metaphor for constitution-making in Singapore as a means to an end rather than an end in itself. The Singapore Constitution today resembles a piece of legislation: There is no preamble; it begins without any rhetorical flourish. The Constitution’s first words state categorically and clinically: ‘This Constitution may be cited as the Constitution of the Republic of Singapore’.[638]However, such a lack of pomp and pageantry belies that independent Singapore’s first and only Constitution stabilised and legitimised the fledgling nation-state. The making of Singapore’s 1965 Constitution follows a well-trodden path of post-colonial constitution-making that comes in the wake of negotiated or abrupt changes to the constitutional order. The 1965 Constitution was not designed to produce radical change; it was clearly intended to provide for continuity amid change and to ensure that a Singaporean Singapore will rise from the ashes of the failed merger. Since then, as an instrument of change and to promote certain modernities, the Constitution has undergone regular and even significant amendments in the quest for ‘more perfect forms of government’[639]
Today, Singapore’s 1965 Constitution works reasonably well. It is by no means perfect but the quest for perfection in government and governance in a one-party dominant system ensures that the Constitution must be the north star and basis of how Singapore is governed. Looking ahead, it must be borne in mind that it is the citizenry on whose behalf the Constitution is ultimately for. Their interactions with the constitution-making process are critical for the rooting and endurance of the Singapore Constitution.
Although Singapore has never been too enamoured with highfalutin ideas of constitution-making and constitutional theory and niceties, its approach to constitution-making and constitutional law ensures that the constitution of the day supports the purposes of state- and nation-building. More importantly, a successful constitution-making process must evolve in tandem with the aspirations of the people, the desire for consultation, and the co-creation of governance outcomes.Founding Prime Minister Lee Kuan Yew once remarked in his characteristic poignant way about not getting ahead of what a hallowed constitutional document can do for government and governance:
There are as many constitutions as there are ingenious legal minds to translate popular will into a workable legislature and an effective Executive. From my experience, constitutions have to be custom-made, tailored to suit the peculiarities of the person wearing the suit. Perhaps, like shoes, the older they are, the better they fit. Stretch them, soften them, resole them, repair them. They are always better than a brand new pair of shoes.[640]
The making of Singapore’s 1965 Constitution offers a precedent of and a realtime study of constitutional exceptionalism as the political elites in Singapore seek to manage the pace of political change in the search for a purposeful and durable constitutional order. To this end, the touchstone challenge for sustainable institutional design as part of constitution-making must be about strengthening inclusiveness and representation in tandem with Singaporeans’ growing democratic aspirations and civic-political participation, and democratic ownership of governing processes and outcomes.
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