Much was debated during the Presidential Elections in 2011 about the power of the Elected President in Singapore. There were those that argued for a fully intrusive and almost combative role for the President in scrutinising the executive arm of government. There were those that argued that the Elected President's role was no more than that which is fulfilled by the Queen of England as the Head of State (with the exception of a constitutionally reserved discretion when it came to the use of our reserves). Others (like myself) contended that where the constitution was silent, the President could take a pro-active role and that this may be politically necessitated by the fact that the President could carry the mandate of the electorate (giving rise to the evolution of a constitutional convention).
Whatever the shades of argument, one thing was very clear: There was no dispute as to whether the President had discretionary powers in relation to the matters specifically stipulated in the Constitution. An example of such stipulations could be found in Article 144(1) of our Constitution.
That brings us to the issue surrounding the IMF loan pledged by the Singapore government. Firstly, this is not part of the current subscription payable to IMF. It is clearly an additional loan. Leaving aside the contentious issue of interpretation of whether or not a loan given by the government is required under Article 144(1) to be subject to the President's approval, it is clear that a circumstance that falls within the ambit of Article 144(1) triggers one of the discretionary powers of the President.
When Kenneth Jeyaretnam recently wrote to the President to seek clarification as to whether his consent was sought, the President has reportedly responded by stating that his permission had not been sought. http://sonofadud.com/2012/06/21/the-truth-about-that-imf-loan/
Kenneth has also stated that the President has referred this matter to MAS. I would have expected something more proactive from the President. Several questions arise in my mind. Was the President fully appraised of his powers under Article 144(1)? What is the interpretation of that provision that the President himself subscribes to? Does the President agree with the view expressed in 1997 by the AG that a loan received by the government has to be approved and that a loan given by the government does not need to be approved? (http://www.article14.blogspot.sg/2012/06/singapores-pledge-of-us-4-billion-to.html) If he agrees with that interpretation, could he not have informed Kenneth Jeyaretnam that the Article 144(1) issue does not arise and that his consent was not necessary? Did the President have any specific reaction to the government's decision to grant the loan to IMF? Did he ponder about whether he had a role in the process? Or was he only going to exercise the discretion to grant consent when consent was requested?
This is an important point to ponder about when we consider the role of the President. There is no doubt that Article 144(1) deals with an area of the President's discretionary power. Since we do elect our President and since the bare minimum that we might expect him to do in relation to his responsibilities is the safeguarding of the reserves and since Article 144(1) deals with such express discretionary power, there should be a strong expectation on the part of the electorate that the President carry out his Constitutional duties actively. So, I hope that President Tony Tan had a clear understanding of Article 144(1) and that he was aware of the potential for the IMF loan to fall foul of that Article and that he actively addressed his mind to it and then decided that his consent was not necessary as the issue did not fall within the ambit of the Article. Nothing less than that will do. That is the minimum expectation that we as the electorate should have in relation to the Elected President.
Showing posts with label Presidential elections. Show all posts
Showing posts with label Presidential elections. Show all posts
Thursday, June 28, 2012
Sunday, March 25, 2012
George Yeo: Many had "lost faith in the government"
As reported in the media, Mr George Yeo has pretty much acknowleged that last year's poor showing (relatively speaking) in the general elections, indicates that many people had lost faith in the government.
It is good to see that with the burden of the Ministerial post off his shoulders and the lack of a Parlimanetary seat, George Yeo is able to speak his mind and admit the reality on the ground. I wonder if the extent of the populuation's loss of faith has filtered through to the leadership.
I believe that the only reason why PAP did not suffer further losses in the last GE was because there were still a sizeable number that believed that change was possible from within the Party. It was clear from the Presidential Elections that many PAP voters had voted for Dr Tan Cheng Bock instead of Dr Tony Tan (the preferred PAP candidate). This was undeniably the soft option for voters wishing to express their discontent. They got their PAP government at the General Elections but they had the possibility of a non-endorsed and yet ex-PAP member (and old-school grassroots savy PAP MP) as an option for President. In one sense, a vote against Tony Tan by those that voted for the PAP at the GE was a clear message of the displeasure felt even by that segment of the population that had supported the PAP.
The extent of the displeasure is not limited to the 40% that voted for the opposition in the GE. I believe that the Presidential Elections last year constituted a form of an opinion poll on the loss of faith felt by Singaporeans. Yes, the 1,372,847 Singaporeans that did not vote for Tony Tan indicated in various shades that the current government needs to get its act together. That was effectively 64.8% of the electorate.
I appreciate George Yeo's suggestion that we have to set aside political differences and work together as a nation. I believe that these are the tentative signs of us maturing as a nation. There is still too much bitterness in the conversations carried out across party lines. A political history of repression of alternative voices has led to too much suspicion and lack of a willingness to listen (applicable to the ruling party and the opposition supporters). We need to recognise that it is perfectly fine to have strong political views and it is healthy to engage in virulent debate. In the midst of all that we must not forget that we are friends, family, Singaporeans.
It is good to see that with the burden of the Ministerial post off his shoulders and the lack of a Parlimanetary seat, George Yeo is able to speak his mind and admit the reality on the ground. I wonder if the extent of the populuation's loss of faith has filtered through to the leadership.
I believe that the only reason why PAP did not suffer further losses in the last GE was because there were still a sizeable number that believed that change was possible from within the Party. It was clear from the Presidential Elections that many PAP voters had voted for Dr Tan Cheng Bock instead of Dr Tony Tan (the preferred PAP candidate). This was undeniably the soft option for voters wishing to express their discontent. They got their PAP government at the General Elections but they had the possibility of a non-endorsed and yet ex-PAP member (and old-school grassroots savy PAP MP) as an option for President. In one sense, a vote against Tony Tan by those that voted for the PAP at the GE was a clear message of the displeasure felt even by that segment of the population that had supported the PAP.
The extent of the displeasure is not limited to the 40% that voted for the opposition in the GE. I believe that the Presidential Elections last year constituted a form of an opinion poll on the loss of faith felt by Singaporeans. Yes, the 1,372,847 Singaporeans that did not vote for Tony Tan indicated in various shades that the current government needs to get its act together. That was effectively 64.8% of the electorate.
I appreciate George Yeo's suggestion that we have to set aside political differences and work together as a nation. I believe that these are the tentative signs of us maturing as a nation. There is still too much bitterness in the conversations carried out across party lines. A political history of repression of alternative voices has led to too much suspicion and lack of a willingness to listen (applicable to the ruling party and the opposition supporters). We need to recognise that it is perfectly fine to have strong political views and it is healthy to engage in virulent debate. In the midst of all that we must not forget that we are friends, family, Singaporeans.
Thursday, August 25, 2011
Who should I vote for?
For an election that is not going to make a great deal of difference in our political power structure, the Presidential Election has surprisingly placed me in a fix. Who should I vote for?
I had decided from Day 1 that I am not going to vote for the PAP endorsed candidate. When Tony Tan announced publicly that he was contesting, I had no illusions that he is the PAP endorsed candidate. Sure enough, the endorsements came regularly from different quarters. I am definitely not voting for Tony Tan.
That leaves me with three candidates, all of whom are to varying degrees capable of acting independently when elected.
Dr Tan Cheng Bock on a personal level gives me the vibes of a moderate person who would neither be a 'yes' man nor an unnecessarily confrontational individual. Tan Jee Say and Tan Kin Lian appear to be equally minded to address policy issues with the Cabinet and possibly through that reshape the Presidency.
I have narrowed myself down to Dr Tan Cheng Bock and Tan Jee Say. It is now between the Palm Tree and the Heart. I just went through the New Asia Republic's tabulation of the candidates' position on various issues: http://newasiarepublic.com/?p=32344
Still undecided.
I had decided from Day 1 that I am not going to vote for the PAP endorsed candidate. When Tony Tan announced publicly that he was contesting, I had no illusions that he is the PAP endorsed candidate. Sure enough, the endorsements came regularly from different quarters. I am definitely not voting for Tony Tan.
That leaves me with three candidates, all of whom are to varying degrees capable of acting independently when elected.
Dr Tan Cheng Bock on a personal level gives me the vibes of a moderate person who would neither be a 'yes' man nor an unnecessarily confrontational individual. Tan Jee Say and Tan Kin Lian appear to be equally minded to address policy issues with the Cabinet and possibly through that reshape the Presidency.
I have narrowed myself down to Dr Tan Cheng Bock and Tan Jee Say. It is now between the Palm Tree and the Heart. I just went through the New Asia Republic's tabulation of the candidates' position on various issues: http://newasiarepublic.com/?p=32344
Still undecided.
Monday, August 15, 2011
Three Tans and The TAN
Whatever I am going to say here is purely unscientific and is based on a gut feeling resulting from observing current debates about the Presidential elections.
From conversations with my friends and observing online chatter it is clear that all the usual anti-PAP crowd is anti-Tony Tan. I believe that there is no doubt that based on the GE 2011, the same 40% that voted for the opposition would not be voting for Tony Tan. But, the big question is whether they would all instinctively gravitate towards a single candidate. Tan Cheng Bock, Tan Jee Say and Tan Kin Lian all have their merits and attractions for the anti-PAP voter.
What I find pretty clear as well is that a sizeable part of the 60% of PAP voters would not be voting for Tony Tan who is popularly perceived to be the PAP endorsed candidate. I know of friends and relatives that voted for the PAP in the GE for several reasons that would play no part in the presidential elections:
a) constituency level issues
b) fear of losing a PAP government
c) fear of losing credible Cabinet ministers
d) fear that they would lose out perks or promotions because they are in the civil service
e) fear that they will be 'marked' because they voted against PAP
I am sure that about 30% of voters would have been hardcore PAP supporters. These individuals would vote for the PAP endorsed candidate.
(I have always believed that the PAP has about 30% of hardcore supporters and there are about 25% to 30% hardcore opposition supporters. The remaining 40% to 45% of voters could be persuaded).
Nearly half of the voters that voted for PAP are likely to vote for someone other than Tony Tan. It is easy to assume that the person who benefits from this would be Dr Tan Cheng Bock given that he was a PAP MP and the PAP voter that decides not to vote for Tony Tan may not be inclined to vote for either Tan Jee Say or Tan Kin Lian.
The pro-opposition camp appears to me to be leaning towards Tan Jee Say. But, the 40% of opposition voters are not going to naturally veer towards Tan Jee Say and Tan Kin Lian. Some of my friends have expressed their preference for Dr Tan Cheng Bock. Though he was a PAP MP in the past, he has enough of a track record in opposing the official policy position of his Party. If elected, we can expect him to be a President like Mr Ong Teng Chiong. Given this dynamics, I wouldn't be surprised if the 40% contribute a little to Dr Tan Cheng Bock's votes.
Dr Tan Cheng Bock might turn out to be the biggest beneficiary of a 4-cornered fight picking up votes from both the opposition as well as PAP voters. He also has the requisite personality to endear himself with the people.
Putting aside 30% of the votes for Tony Tan, the remaining 70% would probably be split amongst the Three Tans. There is a good chance that TCB can garner 35% of the votes with TJS and TKL picking up the balance 35% between the two of them.
If on nomination day all 4 Tans contest, Dr TCB stands the best chance of winning.
My own hope is that the Three Tans come to a consensus and two of them give way so that it would be a straight contest between TT and another Tan. The result would be clear. The next President would not be TT. But, with the three Tans going against TT, the split in the votes could be such that TT might get in by the narrowest margin by getting as little as 30% because the other three could get 25%, 25% and 20% That would be a result that most of us would not want. I hope it doesn't come to pass that way.
From conversations with my friends and observing online chatter it is clear that all the usual anti-PAP crowd is anti-Tony Tan. I believe that there is no doubt that based on the GE 2011, the same 40% that voted for the opposition would not be voting for Tony Tan. But, the big question is whether they would all instinctively gravitate towards a single candidate. Tan Cheng Bock, Tan Jee Say and Tan Kin Lian all have their merits and attractions for the anti-PAP voter.
What I find pretty clear as well is that a sizeable part of the 60% of PAP voters would not be voting for Tony Tan who is popularly perceived to be the PAP endorsed candidate. I know of friends and relatives that voted for the PAP in the GE for several reasons that would play no part in the presidential elections:
a) constituency level issues
b) fear of losing a PAP government
c) fear of losing credible Cabinet ministers
d) fear that they would lose out perks or promotions because they are in the civil service
e) fear that they will be 'marked' because they voted against PAP
I am sure that about 30% of voters would have been hardcore PAP supporters. These individuals would vote for the PAP endorsed candidate.
(I have always believed that the PAP has about 30% of hardcore supporters and there are about 25% to 30% hardcore opposition supporters. The remaining 40% to 45% of voters could be persuaded).
Nearly half of the voters that voted for PAP are likely to vote for someone other than Tony Tan. It is easy to assume that the person who benefits from this would be Dr Tan Cheng Bock given that he was a PAP MP and the PAP voter that decides not to vote for Tony Tan may not be inclined to vote for either Tan Jee Say or Tan Kin Lian.
The pro-opposition camp appears to me to be leaning towards Tan Jee Say. But, the 40% of opposition voters are not going to naturally veer towards Tan Jee Say and Tan Kin Lian. Some of my friends have expressed their preference for Dr Tan Cheng Bock. Though he was a PAP MP in the past, he has enough of a track record in opposing the official policy position of his Party. If elected, we can expect him to be a President like Mr Ong Teng Chiong. Given this dynamics, I wouldn't be surprised if the 40% contribute a little to Dr Tan Cheng Bock's votes.
Dr Tan Cheng Bock might turn out to be the biggest beneficiary of a 4-cornered fight picking up votes from both the opposition as well as PAP voters. He also has the requisite personality to endear himself with the people.
Putting aside 30% of the votes for Tony Tan, the remaining 70% would probably be split amongst the Three Tans. There is a good chance that TCB can garner 35% of the votes with TJS and TKL picking up the balance 35% between the two of them.
If on nomination day all 4 Tans contest, Dr TCB stands the best chance of winning.
My own hope is that the Three Tans come to a consensus and two of them give way so that it would be a straight contest between TT and another Tan. The result would be clear. The next President would not be TT. But, with the three Tans going against TT, the split in the votes could be such that TT might get in by the narrowest margin by getting as little as 30% because the other three could get 25%, 25% and 20% That would be a result that most of us would not want. I hope it doesn't come to pass that way.
Tuesday, June 28, 2011
COE FOR THE PRESIDENT
The Presidential Election Committee must grant a Certificate of Eligibility to a candidate before he would be able to contest the Presidential Election.
So far we know that there are 3 serious contenders. Don't forget that there's a fourth chap who has collected the papers for submission, Mr Ooi Boon Ewe. He is likely to be rejected by the Committee (as he was when he applied to contest for the 2005 Presidential Election).
I wonder if the PEC will grant the COE to all the 3 Tans. I believe that there is little doubt that the hardcore PAP supporters will go for Dr Tony Tan. I suspect that the hardcore anti-PAP voter would go for Tan Kin Lian. Dr Tan Cheng Bock is inevitably the one that could be the vote splitter. Would he split the PAP supporters or the opposition supporters? It would be interesting to see.
Given the current political climate, I believe that if it was a straight fight between Dr Tony Tan and Tan Kin Lian or Dr Tony Tan and Dr Tan Cheng Bock, Dr Tony Tan would lose. If we take the general election result as a starting point, 60% voted for the PAP and 40% against. Whilst the 40% can be trusted to cast a vote against the PAP 'approved' candidate in the Presidential election, the same cannot be said about the 60% who voted for the PAP. Many amongst the 60% already showed unhappiness but were either unconvinced by the opposition, inspired by local constituency level issues, cowed by fear or swayed by last minute apologies. I believe that, in a Presidential Election, these voters would not hesitate to vote for the candidate that presents himself as 'non-white'. This would work to the advantage of the candidate racing against Dr Tony Tan.
If the COE is granted only to Dr Tony Tan and one other candidate, I strongly believe that the other candidate would win. If the 3 Tans get the COE, Dr Tan Cheng Bock would either split the pro-PAP or the pro-opposition voters.
Would the 3 Tans qualify for the COE?
Under the constitution the following criteria needs to be met (in addition to others that I feel is not really an issue for the 3 gentlemen):
The candidate must satisfy the Presidential Elections Committee that he is a person of integrity, good character and reputation.
For not less than 3 years, he must have been either a Minister, Chief Justice, Speaker of Parliament, Attorney-General, Chairman of the Public Service Commission, Auditor-General, Accountant-General or a Permanent Secretary;
or
Chairman or CEO of CPF Board, HDB, JTC or MAS;
or
Board Chairman or CEO of a company with paid-up capital of at least $100 million
If the candidate does not meet the requirement of 3 years' experience in those positions, he can still qualify if he occupied a similar position (based on seniority & experience) in any other organisation of equivalent size/complexity in the public or private sector. The criteria here is that the PEC must form the view that the candidate's position has given him experience in adminstering and managing financial affairs so as to enable him to discharge the President's functions effectively.
Given the background of the 3 gentlemen, I believe that the PEC ought to grant the COE to all three men unless the Committee for some reason decides to question or doubt one of them on the ground of integrity, good character or reputation. This, I believe is unlikely.
In all probability we are looking at a 3 horse race.
So far we know that there are 3 serious contenders. Don't forget that there's a fourth chap who has collected the papers for submission, Mr Ooi Boon Ewe. He is likely to be rejected by the Committee (as he was when he applied to contest for the 2005 Presidential Election).
I wonder if the PEC will grant the COE to all the 3 Tans. I believe that there is little doubt that the hardcore PAP supporters will go for Dr Tony Tan. I suspect that the hardcore anti-PAP voter would go for Tan Kin Lian. Dr Tan Cheng Bock is inevitably the one that could be the vote splitter. Would he split the PAP supporters or the opposition supporters? It would be interesting to see.
Given the current political climate, I believe that if it was a straight fight between Dr Tony Tan and Tan Kin Lian or Dr Tony Tan and Dr Tan Cheng Bock, Dr Tony Tan would lose. If we take the general election result as a starting point, 60% voted for the PAP and 40% against. Whilst the 40% can be trusted to cast a vote against the PAP 'approved' candidate in the Presidential election, the same cannot be said about the 60% who voted for the PAP. Many amongst the 60% already showed unhappiness but were either unconvinced by the opposition, inspired by local constituency level issues, cowed by fear or swayed by last minute apologies. I believe that, in a Presidential Election, these voters would not hesitate to vote for the candidate that presents himself as 'non-white'. This would work to the advantage of the candidate racing against Dr Tony Tan.
If the COE is granted only to Dr Tony Tan and one other candidate, I strongly believe that the other candidate would win. If the 3 Tans get the COE, Dr Tan Cheng Bock would either split the pro-PAP or the pro-opposition voters.
Would the 3 Tans qualify for the COE?
Under the constitution the following criteria needs to be met (in addition to others that I feel is not really an issue for the 3 gentlemen):
The candidate must satisfy the Presidential Elections Committee that he is a person of integrity, good character and reputation.
For not less than 3 years, he must have been either a Minister, Chief Justice, Speaker of Parliament, Attorney-General, Chairman of the Public Service Commission, Auditor-General, Accountant-General or a Permanent Secretary;
or
Chairman or CEO of CPF Board, HDB, JTC or MAS;
or
Board Chairman or CEO of a company with paid-up capital of at least $100 million
If the candidate does not meet the requirement of 3 years' experience in those positions, he can still qualify if he occupied a similar position (based on seniority & experience) in any other organisation of equivalent size/complexity in the public or private sector. The criteria here is that the PEC must form the view that the candidate's position has given him experience in adminstering and managing financial affairs so as to enable him to discharge the President's functions effectively.
Given the background of the 3 gentlemen, I believe that the PEC ought to grant the COE to all three men unless the Committee for some reason decides to question or doubt one of them on the ground of integrity, good character or reputation. This, I believe is unlikely.
In all probability we are looking at a 3 horse race.
Wednesday, June 22, 2011
Dr Tony Tan: The 'approved' candidate?
Dr Tony Tan is contesting in the Presidential Elections. I'm sure the Committee will approve his candidature. He fits the criteria stipulated for the Presidential Elections.
I have reservations about Dr Tony Tan. He was amongst the Plaintiffs that sued Tang Liang Hong for defamation. He is currently the Chairman of Singapore Press Holdings. The combination of these two facts hardly qualifies him as a defender of free speech. He certainly is not and I am sure he would not pretend to be one.
Freedom of Expression is one of the pet issues that I have against the present government and certainly any Presidential candidate that does not share a value system based on free expression would not get my vote.
The Online Citizen has updated on their facebook wall the following: "you have to defend your name when slandered says dr tony tan in response to what he feels about using defamation suits to quell opposition"
It indicates to me that Dr Tony Tan is essentially the same establishment man that he has always been.
Another update from the TOC FB page: "One of the area I would like to concentrate on is to rally Singaporeans to alleviate the burden of the needy, disabled and disadvantaged" - Dr Tony Tan.
That is pretty much the way that the present government orientates itself. "rallying singaporeans to alleviate the burden of the needy" means Singaporeans have to help themselves through private self-help groups. Don't expect handouts. The same PAP mantra that we have heard all the time. When it comes to social assistance, they are true-blue free market economists. When it comes to social freedoms, they want to control and micromanage as much as they can.
From TOC FB update: "Dr Tony Tan: There is only one power centre in Singapore and that is the elected government of the day. The Elected President is not a rival power centre."
I do not disagree with Dr Tony Tan on this issue of the 'power centre', although I have blogged earlier about an enhanced vocal role for the President. However, the lingo that he has used is the same rehashed official phraseaology. This is just more evidence that Dr Tony Tan is the 'PAP endorsed' candidate for the upcoming elections unless Mr Nathan decides that he wants to go for re-election.
Another issue I have with Dr Tan's candidature is the fact that he was a Cabinet Minister at the time of the infamous Marxist Conspiracy detentions under Operation Spectrum back in 1987.
Certainly not the liberal Presidential Candidate that I am looking out for.
I have reservations about Dr Tony Tan. He was amongst the Plaintiffs that sued Tang Liang Hong for defamation. He is currently the Chairman of Singapore Press Holdings. The combination of these two facts hardly qualifies him as a defender of free speech. He certainly is not and I am sure he would not pretend to be one.
Freedom of Expression is one of the pet issues that I have against the present government and certainly any Presidential candidate that does not share a value system based on free expression would not get my vote.
The Online Citizen has updated on their facebook wall the following: "you have to defend your name when slandered says dr tony tan in response to what he feels about using defamation suits to quell opposition"
It indicates to me that Dr Tony Tan is essentially the same establishment man that he has always been.
Another update from the TOC FB page: "One of the area I would like to concentrate on is to rally Singaporeans to alleviate the burden of the needy, disabled and disadvantaged" - Dr Tony Tan.
That is pretty much the way that the present government orientates itself. "rallying singaporeans to alleviate the burden of the needy" means Singaporeans have to help themselves through private self-help groups. Don't expect handouts. The same PAP mantra that we have heard all the time. When it comes to social assistance, they are true-blue free market economists. When it comes to social freedoms, they want to control and micromanage as much as they can.
From TOC FB update: "Dr Tony Tan: There is only one power centre in Singapore and that is the elected government of the day. The Elected President is not a rival power centre."
I do not disagree with Dr Tony Tan on this issue of the 'power centre', although I have blogged earlier about an enhanced vocal role for the President. However, the lingo that he has used is the same rehashed official phraseaology. This is just more evidence that Dr Tony Tan is the 'PAP endorsed' candidate for the upcoming elections unless Mr Nathan decides that he wants to go for re-election.
Another issue I have with Dr Tan's candidature is the fact that he was a Cabinet Minister at the time of the infamous Marxist Conspiracy detentions under Operation Spectrum back in 1987.
Certainly not the liberal Presidential Candidate that I am looking out for.
Wednesday, June 15, 2011
We the people can make our President speak
The debate on the President's powers is taking a healthy turn. I'm glad that netizens are weighing in with good arguments one way or the other. A truly heartening aspect of this discussion is that most views are expressed within the ambit of the current constitutional framework as set out in our written Constitution. Nobody has illusions about the powers that are provided for.
The Ministry of Law's press statement is an accurate rendition of the relevant constitutional provisions. For those readers that don't plan to labour over the Constitution, I would recommend the MinLaw statement for a useful guide.
http://www.news.gov.sg/public/sgpc/en/media_releases/agencies/minlaw/press_release/P-20110610-1/AttachmentPar/0/file/Press%20Statement%20from%20Minister%20%28Law%29%20-%20Elected%20President%20_10%20June%202011_.pdf
We can potentially debate about whether the Constitution itself ought to be amended to give the President express powers in additional areas or to remove the constraints placed by the Cabinet's advice in the exercise of certain powers (e.g. Clemency). But, that would be a different kind of debate.
The present debate, as it is shaping up, is about whether the next President should speak up on policy issues or not. Traditionally, the head of state in a commonwealth country has been fashioned after the British monarch. There is no historical controversy in the assertion that our first President was in many ways a replica of the British monarch. His power was essentially more ceremonial than actual. As with the Queen, our unelected President lacked the constitutional legitimacy to speak up.
Singaporeans had never debated about the extent to which a President should exercise his powers because we never really saw him as having any legitimacy to wield any power.
Two things have changed from the 1990s onwards - today's President is elected and today's President earns an obscenely high salary. There is, therefore, a popular perception that the will of the people must be voiced in some way by the President and the President must be worth the money that he is being paid.
The expressly stated powers of the President in our Constitution do not traverse the area of his right to speak and express his views. Yes, he is not in a position to veto most bills and he is not in a position to veto policies. But, the Constitution is silent on his right to express a view. In such instances we have to resort to the political conventions surrounding the office of the President. Being a carbon copy of the British Queen, the original office of the President was governed by conventions that applied to the queen. An unelected person has no legitimacy to chide the elected leaders for their policies. Similarly an unelected person has no legitimate role in criticising the legislation passed by an elected parliament.
The conventions surrounding the British monarchy were easily transplanted into our constitutional arrangements. But, it still remains true that those were conventions and not strict provisions in our constitution.
Those of us advocating an expanded role are relying on the elastic nature of conventions. Once the Head of State is elected the game changes considerably. (In fact, one of the drawbacks of the creation of the elected presidency was the failure to appreciate the potential impact of the electoral mandate on the office itself. The complacent PAP government did not anticipate that an Elected President might one day challenge and question the PAP itself). Constitutional law does not reside in a vacuum. Political currents can be sufficiently strong to push through major shifts in the way certain officeholders may carry out their functions. This can happen without necessarily amending the Constitution and at the same time by avoiding any offence to existing constitutional provisions.
There is room to manoeuvre. We want our next President to use that room.
If ever there is to be a political moment in our nation's post-independence history where the power of the people's voice was strong enough to effect change, this is it. The push-back by the people against the PAP was loud and clear in May 2011. The PAP (to its credit) did not react with a heavy hand. It is responding through a reassessment of itself.
This displays that there is an important threshold that the PAP leaders are themselves prepared to cross. Criticism need not be crushed. It can be the basis of constructive analysis instead of building a culture of group-think.
I firmly believe that if there is sufficient public support for a vocal presidency, the winning candidate may carry with him a powerful electoral backing with which he can re-shape the office.
The current Cabinet ministers may possess sufficient wisdom to permit a slightly expanded role for the President. Who knows?
In a country where we are accustomed to the rules of the game being changed by the PAP, it is about time that the people play a part in changing the rules.
Summarising my previous blog post and the current post, my premise for an expanded role is this:
a) There are powers that the President can exercise discretion on
b) There are powers that the President is required to exercise in accordance with the advise of the Cabinet
c) There are no limitations or constraints on the President’s ability to publicly express his opinion
d) Public expression of opinion rendered in a gentlemanly fashion would at most piss off the government of the day but it would not result in a constitutional crisis
e) Dissenting views are a healthy aspect of a mature democracy (and we are on the way to maturing as a democracy)
f) By expressing his views, the President is not going to emerge as another power centre as his functions are still clearly demarcated
The Ministry of Law's press statement is an accurate rendition of the relevant constitutional provisions. For those readers that don't plan to labour over the Constitution, I would recommend the MinLaw statement for a useful guide.
http://www.news.gov.sg/public/sgpc/en/media_releases/agencies/minlaw/press_release/P-20110610-1/AttachmentPar/0/file/Press%20Statement%20from%20Minister%20%28Law%29%20-%20Elected%20President%20_10%20June%202011_.pdf
We can potentially debate about whether the Constitution itself ought to be amended to give the President express powers in additional areas or to remove the constraints placed by the Cabinet's advice in the exercise of certain powers (e.g. Clemency). But, that would be a different kind of debate.
The present debate, as it is shaping up, is about whether the next President should speak up on policy issues or not. Traditionally, the head of state in a commonwealth country has been fashioned after the British monarch. There is no historical controversy in the assertion that our first President was in many ways a replica of the British monarch. His power was essentially more ceremonial than actual. As with the Queen, our unelected President lacked the constitutional legitimacy to speak up.
Singaporeans had never debated about the extent to which a President should exercise his powers because we never really saw him as having any legitimacy to wield any power.
Two things have changed from the 1990s onwards - today's President is elected and today's President earns an obscenely high salary. There is, therefore, a popular perception that the will of the people must be voiced in some way by the President and the President must be worth the money that he is being paid.
The expressly stated powers of the President in our Constitution do not traverse the area of his right to speak and express his views. Yes, he is not in a position to veto most bills and he is not in a position to veto policies. But, the Constitution is silent on his right to express a view. In such instances we have to resort to the political conventions surrounding the office of the President. Being a carbon copy of the British Queen, the original office of the President was governed by conventions that applied to the queen. An unelected person has no legitimacy to chide the elected leaders for their policies. Similarly an unelected person has no legitimate role in criticising the legislation passed by an elected parliament.
The conventions surrounding the British monarchy were easily transplanted into our constitutional arrangements. But, it still remains true that those were conventions and not strict provisions in our constitution.
Those of us advocating an expanded role are relying on the elastic nature of conventions. Once the Head of State is elected the game changes considerably. (In fact, one of the drawbacks of the creation of the elected presidency was the failure to appreciate the potential impact of the electoral mandate on the office itself. The complacent PAP government did not anticipate that an Elected President might one day challenge and question the PAP itself). Constitutional law does not reside in a vacuum. Political currents can be sufficiently strong to push through major shifts in the way certain officeholders may carry out their functions. This can happen without necessarily amending the Constitution and at the same time by avoiding any offence to existing constitutional provisions.
There is room to manoeuvre. We want our next President to use that room.
If ever there is to be a political moment in our nation's post-independence history where the power of the people's voice was strong enough to effect change, this is it. The push-back by the people against the PAP was loud and clear in May 2011. The PAP (to its credit) did not react with a heavy hand. It is responding through a reassessment of itself.
This displays that there is an important threshold that the PAP leaders are themselves prepared to cross. Criticism need not be crushed. It can be the basis of constructive analysis instead of building a culture of group-think.
I firmly believe that if there is sufficient public support for a vocal presidency, the winning candidate may carry with him a powerful electoral backing with which he can re-shape the office.
The current Cabinet ministers may possess sufficient wisdom to permit a slightly expanded role for the President. Who knows?
In a country where we are accustomed to the rules of the game being changed by the PAP, it is about time that the people play a part in changing the rules.
Summarising my previous blog post and the current post, my premise for an expanded role is this:
a) There are powers that the President can exercise discretion on
b) There are powers that the President is required to exercise in accordance with the advise of the Cabinet
c) There are no limitations or constraints on the President’s ability to publicly express his opinion
d) Public expression of opinion rendered in a gentlemanly fashion would at most piss off the government of the day but it would not result in a constitutional crisis
e) Dissenting views are a healthy aspect of a mature democracy (and we are on the way to maturing as a democracy)
f) By expressing his views, the President is not going to emerge as another power centre as his functions are still clearly demarcated
Thursday, June 09, 2011
Reshaping the Presidency
Prior to the creation of the Elected presidency, the President of Singapore was pretty much a carbon copy of the British monarch. His constitutional role as the Head of State was largely ceremonial.
However, the introduction of constitutional amendments in relation to the office of the President culminated in the adoption of a hybrid version of a Head of State. Is out President identical to the Head of State in the British system? My answer is: no. And of course, at the other end of the spectrum, our President is not at all like the American President whose executive powers are enormous. The Prime Minister and the Cabinet continue to be wielders of executive power in Singapore.
I was reading a couple of blog posts on the nature of the President's powers.
"Many things a President cannot do." from the blog: Thoughts of a Cynical Investor
http://atans1.wordpress.com/2011/06/08/many-things-president-cannot-do/
and
"Will a President that speaks up cause a SIngapore Constitutional crisis?" from the blog: Thoughts of a Singapore statistician
http://singstatistician.blogspot.com/2011/06/will-president-that-speaks-up-cause.html
Cynical Investor makes the assertion that the office of the President is so limited in terms of its constitutional role that there is not much that any Elected President can really do. His contention is that the President cannot, without provoking a constitutional crisis, address the many policy issues that some of us expect to be aired.
To be fair, the office of the Elected President was introduced as a safeguard primarily in relation to the reserves. So, many of the express powers given to the President involve some direct or indirect control over the use of the reserves. Cynical Investor is not off the mark when he states:
But, a small correction is in order... Article 22G of the Constitution provides for the President to direct the CPIB to carry out investigations despite the refusal of the Prime Minister. This can, turn out, in appropriate circumstances to be a potent power.
Singapore Statistician contends that there is Constitutional space for the President to be independent and vocal despite the appearance of a limited function under the Constitution.
I shall now throw my 2 cents' worth into this conversation.
Firstly, what exactly does the Constitution provide? What can the President do? And what are the things that he cannot do?
The COnstitution provides for certain powers that are discretionary and others that the President exercises on the advise of the Cabinet. Many of us would remember the arguments in the Yong Vui Kong case as to the power of the President to grant clemency. The judiciary has interpreted that the President ought to act on the advise of the Cabinet and not exercise his discretion as he deems fit. In my view, this was not a clear-cut issue as some commentators had made it out to be. It was always open to interpretation and Yong Vui kong's case now settles the interpretation (at least for the time being). (I had expressed my view on this issue here: http://article14.blogspot.com/2010/08/clemency-and-constitution.html )
Let's leave the non-discretionary powers of the President aside. There would be something of a constitutional 'crisis' if the President acts against the advise of the Cabinet in relation to, for example, clemency.
If we focus on the areas of Presidential discretion we would notice that there is plenty of room for an individual President to stamp his personal style in the decision-making process. There is nothing preventing a President from expressing his views on policy and legislation in a firm, vocal and open manner.
Let's consider the granting of the Presidential Assent in relation to certain Bills passed by Parliament. I want to draw a quick comparison with the British monarch. She has legal power based on her Royal Prerogative to refuse to grant the Royal Assent. Yet, by convention (political practice) she always grants the Royal Assent. Our President has, under the Constitution an effective veto against certain Bills. Is there any political rule or practise that is capable of restraining our President from exercising his discretion? The British monarch is an unelected person and a hereditary title holder. She and her predecessors had for a long time acknowledged the superiority of the Parliamentary will. Today, we speak of the will of Parliament as the will of the electorate. Therefore, in the context of the UK the unelected monarch must give way (for want of political legitimacy) to the will of Parliament (the Lower House being an elected body).
In Singapore, the position of our President is constitutionaly different. Considering only the discretionary powers of the President, we can make out a cogent case for a vocal Presidency. This case is based solely on the enhanced legitimacy of our Head of State as an elected individual. Where both parliament and the President are elected, both can claim legitimacy by virtue of an electoral mandate. The constitutional provisions envisage the possibility that the President in the exercise of his discretion may pave the way for a deadlock. Any potential constitutional deadlock is untangled through a number of procedures one of which is a 2/3 majority resolution by Parliament.
When the President either grants or refuses to grant the Assent, there is a strong case for the contention that the President ought to make his reasoned arguments available for Public scrutiny.
It is a facet of (and even a strong expection in) modern governance, that laws ought to be made publicly and debated and reasoned out in an open manner. Our Parliament has been doing this from its inception. The Elected President is, arguably, in a position of political accountability towards the electorate. Therefore, apart from those occasions where he is exercising a discretion, it would be constitutionally useful for an assertive President to explain the reasons for his actions or even to express his disagreement even though a constitutional provision may provide him with no discretion.
Moving forward, a future elected President can choose to make his decisions and the attendant reasons public so that the process of law-making or executive decision-making is entirely transparent. Presidential candidates in this election can propose this as a change in the Presidential style. Note that this would not merely be a change in style but one with real substance.
By reshaping the Presidency into an office that explains its actions, the future President can use the opportunity to express his disagreement. Whether the Cabinet, Parliament or the President presents the clearer moral argument for a particular matter can ultimately be judged by the people. Of course, the reality is that whoever becomes the President and however much he may shout at the top of his voice and exercise his discretion, the current government can override the President's views and actions.
Realistically speaking, given the current composition of Parliament, there may be nothing concrete that can be accomplished by the President.
But, I firmly believe that what we are setting out to do now as a nation is to lay the foundation for a different kind of Presidency. The trend has to be set for future Presidents. Apart from exercising the Constitutionally prescribed function, the President can legitimately seek to be another voice against any potential abuse by the executive.
How far are the candidates willing to go to commit themselves to reshaping the Presidency? I am not calling for them to act unconstitutionally. But, working within the ambit of the Constitution, a President can actively and vocally exercise his discretion (sometimes agreeing, sometimes disagreeing) in a transparent fashion and give life to the potent power invested in him by the electorate.
I do not believe that an Elected President should wait for marching orders from the Constitution to open his mouth and speak up on policy issues. There is, after all, no gagging order imposed upon the President.
However, the introduction of constitutional amendments in relation to the office of the President culminated in the adoption of a hybrid version of a Head of State. Is out President identical to the Head of State in the British system? My answer is: no. And of course, at the other end of the spectrum, our President is not at all like the American President whose executive powers are enormous. The Prime Minister and the Cabinet continue to be wielders of executive power in Singapore.
I was reading a couple of blog posts on the nature of the President's powers.
"Many things a President cannot do." from the blog: Thoughts of a Cynical Investor
http://atans1.wordpress.com/2011/06/08/many-things-president-cannot-do/
and
"Will a President that speaks up cause a SIngapore Constitutional crisis?" from the blog: Thoughts of a Singapore statistician
http://singstatistician.blogspot.com/2011/06/will-president-that-speaks-up-cause.html
Cynical Investor makes the assertion that the office of the President is so limited in terms of its constitutional role that there is not much that any Elected President can really do. His contention is that the President cannot, without provoking a constitutional crisis, address the many policy issues that some of us expect to be aired.
To be fair, the office of the Elected President was introduced as a safeguard primarily in relation to the reserves. So, many of the express powers given to the President involve some direct or indirect control over the use of the reserves. Cynical Investor is not off the mark when he states:
So, if for example Tan Kin Lian becomes president, he cannot speak out on of the need for a minimum wage, on the honesty and integrity of financial advisers, or whether lawyers, doctors and architects overcharge for certain services. He definitely cannot publicly ask the AG to look into prosecuting financial institutions or land bank businesses for “cheating” the public.
But, a small correction is in order... Article 22G of the Constitution provides for the President to direct the CPIB to carry out investigations despite the refusal of the Prime Minister. This can, turn out, in appropriate circumstances to be a potent power.
22G. Notwithstanding that the Prime Minister has refused to give his consent to the Director of the Corrupt Practices Investigation Bureau to make any inquiries or to carry out any investigations into any information received by the Director touching upon the conduct of any person or any allegation or complaint made against any person, the Director may make such inquiries or carry out investigations into such information, allegation or complaint if the President, acting in his discretion, concurs therewith.
Singapore Statistician contends that there is Constitutional space for the President to be independent and vocal despite the appearance of a limited function under the Constitution.
I shall now throw my 2 cents' worth into this conversation.
Firstly, what exactly does the Constitution provide? What can the President do? And what are the things that he cannot do?
The COnstitution provides for certain powers that are discretionary and others that the President exercises on the advise of the Cabinet. Many of us would remember the arguments in the Yong Vui Kong case as to the power of the President to grant clemency. The judiciary has interpreted that the President ought to act on the advise of the Cabinet and not exercise his discretion as he deems fit. In my view, this was not a clear-cut issue as some commentators had made it out to be. It was always open to interpretation and Yong Vui kong's case now settles the interpretation (at least for the time being). (I had expressed my view on this issue here: http://article14.blogspot.com/2010/08/clemency-and-constitution.html )
Let's leave the non-discretionary powers of the President aside. There would be something of a constitutional 'crisis' if the President acts against the advise of the Cabinet in relation to, for example, clemency.
If we focus on the areas of Presidential discretion we would notice that there is plenty of room for an individual President to stamp his personal style in the decision-making process. There is nothing preventing a President from expressing his views on policy and legislation in a firm, vocal and open manner.
Let's consider the granting of the Presidential Assent in relation to certain Bills passed by Parliament. I want to draw a quick comparison with the British monarch. She has legal power based on her Royal Prerogative to refuse to grant the Royal Assent. Yet, by convention (political practice) she always grants the Royal Assent. Our President has, under the Constitution an effective veto against certain Bills. Is there any political rule or practise that is capable of restraining our President from exercising his discretion? The British monarch is an unelected person and a hereditary title holder. She and her predecessors had for a long time acknowledged the superiority of the Parliamentary will. Today, we speak of the will of Parliament as the will of the electorate. Therefore, in the context of the UK the unelected monarch must give way (for want of political legitimacy) to the will of Parliament (the Lower House being an elected body).
In Singapore, the position of our President is constitutionaly different. Considering only the discretionary powers of the President, we can make out a cogent case for a vocal Presidency. This case is based solely on the enhanced legitimacy of our Head of State as an elected individual. Where both parliament and the President are elected, both can claim legitimacy by virtue of an electoral mandate. The constitutional provisions envisage the possibility that the President in the exercise of his discretion may pave the way for a deadlock. Any potential constitutional deadlock is untangled through a number of procedures one of which is a 2/3 majority resolution by Parliament.
When the President either grants or refuses to grant the Assent, there is a strong case for the contention that the President ought to make his reasoned arguments available for Public scrutiny.
It is a facet of (and even a strong expection in) modern governance, that laws ought to be made publicly and debated and reasoned out in an open manner. Our Parliament has been doing this from its inception. The Elected President is, arguably, in a position of political accountability towards the electorate. Therefore, apart from those occasions where he is exercising a discretion, it would be constitutionally useful for an assertive President to explain the reasons for his actions or even to express his disagreement even though a constitutional provision may provide him with no discretion.
Moving forward, a future elected President can choose to make his decisions and the attendant reasons public so that the process of law-making or executive decision-making is entirely transparent. Presidential candidates in this election can propose this as a change in the Presidential style. Note that this would not merely be a change in style but one with real substance.
By reshaping the Presidency into an office that explains its actions, the future President can use the opportunity to express his disagreement. Whether the Cabinet, Parliament or the President presents the clearer moral argument for a particular matter can ultimately be judged by the people. Of course, the reality is that whoever becomes the President and however much he may shout at the top of his voice and exercise his discretion, the current government can override the President's views and actions.
Realistically speaking, given the current composition of Parliament, there may be nothing concrete that can be accomplished by the President.
But, I firmly believe that what we are setting out to do now as a nation is to lay the foundation for a different kind of Presidency. The trend has to be set for future Presidents. Apart from exercising the Constitutionally prescribed function, the President can legitimately seek to be another voice against any potential abuse by the executive.
How far are the candidates willing to go to commit themselves to reshaping the Presidency? I am not calling for them to act unconstitutionally. But, working within the ambit of the Constitution, a President can actively and vocally exercise his discretion (sometimes agreeing, sometimes disagreeing) in a transparent fashion and give life to the potent power invested in him by the electorate.
I do not believe that an Elected President should wait for marching orders from the Constitution to open his mouth and speak up on policy issues. There is, after all, no gagging order imposed upon the President.
Friday, June 03, 2011
Who wants to be a millionaire? oops, President
Mr Ooi Boon Ewe, Dr Tan Cheng Bock, Mr Tan Kin Lian, Mr Geoarge Yeo.
The line-up is not quite set. Mr Ooi and Dr Tan have collected the application form. Mr Tan Kin Lian's friend has collected his application form for him although it appears that Mr Tan is undecided due to concerns that his wife has about him running for President. (Maybe, he should remind her that she might get to have her photograph hung on the wall of every government office/building. :-) )
George Yeo is mulling over contesting.
Mr Ooi would almost certainly be rejected as not qualifying under the stringent requirements set for the candidacy as President. Dr Tan, Mr Tan and Mr George Yeo may be the only serious contenders if all of them throw in their applications.
So far, the only thing that seems certain is that Dr Tan will be submitting his application.
Where is the PAP-'approved' candidate? This is surely what all of us are wondering. It shouldn't be the case that we are expecting an officially sanctioned pro-ruling party candidate for the Presidential election. But, given the history of the office, Singaporeans have come to expect that there will be an officially approved candidate.
Just before the General Elections, many of us expected that Abdullah Tarmugi may be presenting himself as a Presidential candidate. He stepped down as the Speaker of Parliament. Right now, there is no indication that he might put himself forward as a candidate.
Maybe, just maybe, the PM and the Cabinet have decided that we really need a revolutionary change in our politics. Maybe, they decided that this time around no officially 'approved' candidate would be put forward. Maybe, just maybe, we might be in for a Presidential Election involving truly independent candidates.
Maybe.
But, of course, many would question how independent would George Yeo or Dr Tan Cheng Bock be considering their long track record as PAP men. Perhaps Dr Tan might fit the bill of a free spirit. He was willing to publicly lock horns with the PAP leaders.
Whether the President is going to be a free spirit or a yes man is the difference between whether he is going to cut the budget or just cut ribbons.
The line-up is not quite set. Mr Ooi and Dr Tan have collected the application form. Mr Tan Kin Lian's friend has collected his application form for him although it appears that Mr Tan is undecided due to concerns that his wife has about him running for President. (Maybe, he should remind her that she might get to have her photograph hung on the wall of every government office/building. :-) )
George Yeo is mulling over contesting.
Mr Ooi would almost certainly be rejected as not qualifying under the stringent requirements set for the candidacy as President. Dr Tan, Mr Tan and Mr George Yeo may be the only serious contenders if all of them throw in their applications.
So far, the only thing that seems certain is that Dr Tan will be submitting his application.
Where is the PAP-'approved' candidate? This is surely what all of us are wondering. It shouldn't be the case that we are expecting an officially sanctioned pro-ruling party candidate for the Presidential election. But, given the history of the office, Singaporeans have come to expect that there will be an officially approved candidate.
Just before the General Elections, many of us expected that Abdullah Tarmugi may be presenting himself as a Presidential candidate. He stepped down as the Speaker of Parliament. Right now, there is no indication that he might put himself forward as a candidate.
Maybe, just maybe, the PM and the Cabinet have decided that we really need a revolutionary change in our politics. Maybe, they decided that this time around no officially 'approved' candidate would be put forward. Maybe, just maybe, we might be in for a Presidential Election involving truly independent candidates.
Maybe.
But, of course, many would question how independent would George Yeo or Dr Tan Cheng Bock be considering their long track record as PAP men. Perhaps Dr Tan might fit the bill of a free spirit. He was willing to publicly lock horns with the PAP leaders.
Whether the President is going to be a free spirit or a yes man is the difference between whether he is going to cut the budget or just cut ribbons.
Subscribe to:
Posts (Atom)