Tan Cheng Bock v AG
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[2017] SGCA 50
It is common ground that the Constitution should be interpreted
purposively. This follows from the fact that Art 2(9) of the Constitution
provides that the IA shall apply in the interpretation of the Constitution; and the
IA, as we note below, mandates the purposive approach. That means it should
be interpreted in a way that gives effect to the intent and will of Parliament. This
intent will generally be reflected in the text of the enactment. The Constitution’s
words are to be read in their grammatical and ordinary sense and in their entire
context, harmoniously with the scheme of the Constitution as a whole, and the
relevant objects or intentions that may be gleaned from this. Additionally, the
court may consider, in certain circumstances and subject to certain limitations,
relevant extraneous material. We elaborate on this below. The relevant
Parliamentary intention is to be found at the time the law was enacted or, in
some circumstances, when it subsequently reaffirms the particular statutory
provision in question: see Constitutional Reference No 1 of 1995 [1995] 1
SLR(R) 803 at [44].
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Purposive interpretation becomes, at least potentially, of particular
relevance and assistance where there are two or more possible interpretations of
a given legislative provision. Where this is so, the interpretation that promotes
the purpose or object of the written law is to be preferred to the interpretation
that does not. That is the effect of s 9A(1) of the IA, which as we have noted,
applies equally to questions of constitutional interpretation. Section 9A of the
IA provides:
Purposive interpretation of written law and use of extrinsic
materials
9A.—(1) In the interpretation of a provision of a written law, an
interpretation that would promote the purpose or object
underlying the written law (whether that purpose or object is
expressly stated in the written law or not) shall be preferred to
an interpretation that would not promote that purpose or
object.
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