| The connotation of modern western constitutionalism mainly includes two parts oflimiting the government power and the protection of human rights, and the protection ofhuman rights is one of the core values of the western constitutionalism. In this paper,take Singapore for example, with structure and function of the constitutional state asstandard, to define whether Singapore belongs to a constitutional government.This paper is divided into five parts:The first part is introduction. It introduces the reasons why China learn fromSingapore, and whether there is a constitutional country belongs to the dispute.The second part, introduces the concept of Western constitutional government, aswell as the East for the inheritance and development of Western constitutionalgovernment, and sums up the two in common.The third part, proposes the structure of standard function standard ofconstitutional government.First of all, the standard of constitutional government structure consists of fourparts: first, a written constitution or constitutional documents (Constitution Law);second, the decentralization of power and checks and balances; thirdly, the rule of law,constitutional law not only includes the universal adherence include good law; the last,judicial review system;Secondly, the constitutional countries should cover four aspects in the protection ofhuman rights. First, the guarantee of citizens’ political rights; second, social and culturalrights of citizens; third, the civil rights protection; fourth, to protect thecitizen’sreligious freedom.The fourth part is the basic judgment whether Singapore is a constitutional state,including the analysis of the constitutional structure and the constitutional function inSingapore. The structure comprises: Singapore constitution; Singapore power separationand balance of power; the rule of law in Singapore and judicial review system. Thefunction includes: the protection of Singapore Civil and political rights; protection ofSingapore citizen social and cultural rights; protection of citizens personal rights;protection of Singapore citizen’s religious freedom.The paper proposed constitutional state inspection standards in the fifth part, fromthe aspect of structure and function of constitutionalism, it may be drawn that: Singapore meet constitution structure state only in the Constitution, however, thebalance of power and division, judicial review, rule of law are not meet theconstitutional state. From the constitutional functional perspective, Singapore protectionof education is in place, for the citizen’s personal right and freedom of speech are takenstrict restrictions, and did not adequately protect basic civil liberty.In conclusion: from the aspect of constitutional structure, Singapore is partiallymeet the constitutional state requirements, however, from the constitutional function,Singapore distance real constitutional countries still have a long way to go. Therefore,Singapore is not a true sense of the constitutional state. |
