Rule of law must adapt as society’s values, circumstances evolve: Chief Justice Sundaresh Menon
He cited the repeal of Section 377A as an example of how the rule of law has to evolve.
Singapore’s Chief Justice, Sundaresh Menon, stated on September 2 that the rule of law must adapt as societal values and circumstances evolve. He emphasized that Section 377A, which criminalized sex between men in the Penal Code, was an example of how the rule of law should not be considered a "finished achievement." Menon noted that the law reflected the norms of an earlier era and its repeal demonstrated the need for the rule of law to evolve while maintaining its underlying principles.
He spoke about the importance of the rule of law in maintaining stability and development in Singapore during a dialogue at Yale-NUS College Hall, following his National University of Singapore Law Bicentennial Lecture on the Rule of Law. Menon highlighted how the court's decision to rule Section 377A unenforceable illustrated the rule of law's adaptability to political, social, and historical conditions.
He emphasized that the court focused on the legal question of whether prosecution under the law was allowed, rather than addressing political, social, or moral questions related to homosexuality. The Government subsequently held extensive consultations before repealing the law in January 2023, and the Constitution was amended to prevent future legal challenges on the definition of marriage.
Menon also discussed the Criminal Law (Temporary Provisions) Act (CLTPA) and its adaptation to society's needs, particularly in dealing with Singapore's secret societies. He noted that the CLTPA, enacted in 1955, expanded to address the criminal organizations that operated beyond the protection of the law. The Government took action to address legal gaps and ensure accountability in its use of the CLTPA's powers.
Menon emphasized that the rule of law requires both authority to restore public order and legal limits to prevent arbitrary power.
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