Case and Legislation Notes: Intimations of Proportionality? Rights Protection and the Singapore Constitution— Wham Kwok Han Jolovan V Public Prosecutor

<i>Wham Kwok Han Jolovan v Public Prosecutor</i> is potentially the most important constitutional decision ever rendered by the Singapore Court of Appeal, insofar as it heralds a new and more intrusive approach to the judicial review of rights claims in Singapore. The ruling expressly overturned deference postures associated with the “presumption of constitutionality,” at least with respect to Article 14 of the Constitution; it consolidated <i>dicta</i> announcing the reconfiguration of separation of powers doctrines; and it developed and deployed a rudimentary, if yet incomplete, form of proportionality review to assess the legality of legislation adopted under Article 14’s limitation clause. The note analyses these changes from a comparative perspective, in light of the difficulties foreign apex courts have had in fully transitioning to a more balancing-friendly approach to rights adjudication.