Rule of law must adapt as society’s values, circumstances evolve: Chief Justice Sundaresh Menon

Singapore’s Chief Justice Sundaresh Menon emphasized that the rule of law must remain dynamic, adapting to evolving societal values and circumstances, following the repeal of Section 377A of the Penal Code. Speaking on September 2, Menon highlighted the repeal as a clear example of how the rule of law should not be viewed as a static achievement but rather as a living framework that responds to changing realities. Section 377A, which criminalized consensual sexual relations between men, was formally repealed in January 2023 after being declared unenforceable by the Court of Appeal in February 2022. The court found the law potentially violated Article 12 of the Constitution, which guarantees equal protection under the law. During a post-lecture dialogue at Yale-NUS College Hall, Menon explained that the repeal demonstrated how the rule of law can evolve while preserving core principles of justice and equality. Menon delivered his remarks following the National University of Singapore Law Bicentennial Lecture on the Rule of Law, where he outlined the role of the rule of law in Singapore’s development since the time of Stamford Raffles. He stressed that the rule of law must reflect the political, social, and historical context in which it functions. The repeal of Section 377A, he argued, exemplified this principle, showing how legal frameworks can shift to align with contemporary societal expectations. The legal challenge to Section 377A raised complex political, social, and moral questions, including whether the law should be repealed and whether homosexuality is morally acceptable. Menon acknowledged that such matters are not suitable for judicial determination. Instead, the court focused solely on the legality of prosecuting individuals under the statute, considering the Government’s prior commitment to leave the law on the books without active enforcement. Some critics argued that the court did not go far enough by avoiding the political dimensions of the issue. However, Menon maintained that allowing each branch of government, judiciary, executive, and legislature, to function independently is crucial. He warned that overreach by one branch could lead to negative consequences, such as alienation among affected communities and a loss of public trust in the rule of law. After the court’s ruling, the Government conducted extensive consultations before ultimately repealing the law. Menon noted that such decisions involving political, social, and moral considerations are best resolved through democratic processes, where diverse perspectives can converge toward a shared understanding. With all three branches of government fulfilling their roles, the repeal was achieved, and the Constitution was amended to prevent future legal challenges regarding the definition of marriage. Beyond the repeal of Section 377A, Menon also discussed other adaptations of the legal system to meet societal needs. The Criminal Law (Temporary Provisions) Act (CLTPA), enacted in 1955 and later expanded, serves as another example. Originally designed to address secret societies, the act reflects the state’s response to emerging threats and shifting security priorities. Menon concluded that the changes made to Singapore’s legal landscape have produced outcomes tailored to the nation’s specific requirements. He observed that the issue of Section 377A is no longer a point of contention within Singaporean society, underscoring the successful evolution of the rule of law in alignment with societal progress.