relational constitutionalism, whose concern is for sustainable relationships. Ethno-
religious tensions are mediated through dialogue and other non-adversarial
methods of persuading compromise and accommodation, as with the 2002 ‘tudung
controversy’ which arose after four headscarf-wearing Muslim primary school girls
were suspended from public school for breaching the uniforms policy, implicating
religious freedom.^40
Singapore’s model of constitutional secularism has also developed, insofar as the
government has acknowledged that citizens with religious convictions may legit-
imately speak on public issues.^41 While acknowledging the volatility of tensions
arising from religious conflict or where exercises of the constitutional right of
religious propagation stir sensitivities, the ‘secularism with a soul’ model is anti-
theocratic, not anti-religious, in acknowledging religion’s beneficial social role.^42
The co-operation of religion and state is evident in government social-services
delivery partnerships with religious welfare organisations.
43
This chapter surveys the major constitutional developments taking place in
Singapore during the first decade. Sectioniideals with constitutional amendments
and sectioniiiexamines major constitutional cases.
ii. constitutional amendments and institutional
developmentsUnder Article 5 ( 2 ), a two-thirds parliamentary majority is needed to amend the
Constitution, which poses no practical bar to government-driven constitutional
experimentation within a dominant-party state.
There were various significant amendments in the first decade, relating to
citizenship laws which had the effect of promoting gender equality in 2004 ,^44
and alterations to the composition of the Legal Service Commission in 2007.^45
Primary amendments relate to the political branches, with respect to the compos-
ition of parliament, the presidency and associated financial provisions.
(^40) Thio Li-ann, ‘Recent constitutional developments: of shadows and whips, race, rifts and
rights, terror and tudungs, women and wrongs’ ( 2002 ) SJLS 328.
(^41) Li-ann Thio, ‘Religion in the public sphere of Singapore: wall of division or public
square?’, in Bryan Turner (ed.),Religious Pluralism and Civil Society: A Comparative
Analysis(Oxford: Bardwell Press, 2008 ), p. 73.
(^42) Li-ann Thio, ‘Control, co-optation and co-operation: managing religious harmony in
Singapore’s multi-ethnic, quasi-secular state’ ( 2005 ) 33 ( 2 ) and ( 3 )Hastings Constitutional
LQ 197.
(^43) Li-ann Thio, ‘The cooperation of religion and state in Singapore: a compassionate part-
nership in service of welfare’ (Fall 2010 )Review of Faith & International Affairs 33.
(^44) The Constitution was amended in 2004 to alter nationality laws to allow citizenship by
descent to be conferred on overseas-born children of both Singaporean males and females
with a foreign spouse: 77 SPR 19 April 2004 , cols. 2792 ff.
(^4583) SPR 16 July 2007 , cols. 1035 ff.