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SINGAPORE JOURNAL OF LEGAL STUDIES

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    Upholding Responsible Government: Legal and Political Controls on the Prorogation Power in Singapore

    Citation: [2020] Sing JLS 665
    This article argues that judicial control of the prorogation power in Singapore should be confined to enforcing the Constitutional provisions that directly or indirectly regulate the power - the most important being the 6-month limit on the interval between sessions of Parliament. Beyond the Constitutional provisions, the Constitutional principle engaged in an exercise of the prorogation power is responsible government, which is turned on its head when Parliament is prorogued on the advice of a Prime Minister who does not command its confidence. Responsible government is secured not by legal controls but by political controls, ie the reserve power of the President to dismiss a Prime Minister who does not command confidence. This power can be operated to avoid, or to reverse, a prorogation advised by a Prime Minister who does not command the confidence of Parliament. There is no therefore need for judicial control of prorogation beyond enforcing the relevant Constitutional provisions.
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