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- Dec 30, 2010
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"While legally, the PM has the power to call a by-election or not, I find persuasive the argument that this discretion is not unfettered," she said.
"It (the by-election) should be done in a timely fashion with an eye to constitutionally-recognised principle of representative democracy, i.e. that every constituency should have a representative, rather than someone who can 'cover' a MP's duties but lacks legitimacy as the duly elected MP," she continued.
Thio also argued that when an SMC is left without a representative, it is less convincing than in the case of a GRC to say that his or her party will cover his or her duties, because the person or people covering for the displaced MP may not have been elected to do so. She also pointed out that this situation becomes worse should the MP in question be the sole MP from his party or an independent MP without a party.
"As a matter of prudence, so early in a parliamentary session, Parliament should have a full complement of MPs, and it is my view that a by-election should be called so that the people of Hougang can exercise their constitutional right to vote, and to be represented in Parliament by their representative, (whichever party he or she is from)," said Thio.
Adjunct professor Kevin Tan responded with his agreement quite simply, saying, "In brief, Eugene (Tan) is right and Hri (Kumar) is wrong. Eugene's latest letter states the law as it stands and must be regarded as the proper interpretation of the situation."
Former attorney-general Walter Woon believed the ruling party government's intention is to avoid being held to a timeline to call for a by-election
- http://sg.news.yahoo.com/blogs/sing...mands-election-hougang-experts-103527358.html
"It (the by-election) should be done in a timely fashion with an eye to constitutionally-recognised principle of representative democracy, i.e. that every constituency should have a representative, rather than someone who can 'cover' a MP's duties but lacks legitimacy as the duly elected MP," she continued.
Thio also argued that when an SMC is left without a representative, it is less convincing than in the case of a GRC to say that his or her party will cover his or her duties, because the person or people covering for the displaced MP may not have been elected to do so. She also pointed out that this situation becomes worse should the MP in question be the sole MP from his party or an independent MP without a party.
"As a matter of prudence, so early in a parliamentary session, Parliament should have a full complement of MPs, and it is my view that a by-election should be called so that the people of Hougang can exercise their constitutional right to vote, and to be represented in Parliament by their representative, (whichever party he or she is from)," said Thio.
Adjunct professor Kevin Tan responded with his agreement quite simply, saying, "In brief, Eugene (Tan) is right and Hri (Kumar) is wrong. Eugene's latest letter states the law as it stands and must be regarded as the proper interpretation of the situation."
Former attorney-general Walter Woon believed the ruling party government's intention is to avoid being held to a timeline to call for a by-election
- http://sg.news.yahoo.com/blogs/sing...mands-election-hougang-experts-103527358.html