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Article 9 of the Constitution of the Republic of Singapore, specifically Article 9(1), guarantees the right to life and the right to personal liberty. The Court of Appeal has called the right to life the most basic of human rights, but has yet to fully define the term in the Constitution. Contrary to the broad position taken in jurisdictions such as Malaysia and the United States, the High Court of Singapore has said that personal liberty only refers to freedom from unlawful incarceration or detention. Article 9(1) states that persons may be deprived of life or personal liberty "in accordance with law". In ''Ong Ah Chuan v. Public Prosecutor'' (1980), an appeal to the Judicial Committee of the Privy Council from Singapore, it was held that the term ''law'' means more than just legislation validly enacted by Parliament, and includes fundamental rules of natural justice. Subsequently, in ''Yong Vui Kong v. Attorney-General'' (2011), the Court of Appeal held that such fundamental rules of natural justice embodied in the Constitution are the same in nature and function as common law rules of natural justice in administrative law, except that they operate at different levels of the legal order. A related decision, ''Yong Vui Kong v. Public Prosecutor'' (2010), apparently rejected the contention that Article 9(1) entitles courts to examine the substantive fairness of legislation, though it asserted a judicial discretion to reject bills of attainder and absurd or arbitrary legislation. In the same case, the Court of Appeal held that ''law'' in Article 9(1) does not include rules of customary international law. Other subsections of Article 9 enshrine rights accorded to persons who have been arrested, namely, the right to apply to the High Court to challenge the legality of their detention, the right to be informed of the grounds of arrest, the right to counsel, and the right to be produced before a magistrate within 48 hours of arrest. These rights do not apply to enemy aliens or to persons arrested for contempt of Parliament. The Constitution also specifically exempts the Criminal Law (Temporary Provisions) Act (), the Internal Security Act (), and Part IV of the Misuse of Drugs Act () from having to comply with Article 9. ==Text of Article 9== Article 9 of the Constitution of the Republic of Singapore〔.〕 guarantees to all persons the right to life and right to personal liberty. It states: Article 9(1) embodies the concept of the rule of law, an early expression of which was the 39th article of the Magna Carta of 1215: "No freeman shall be taken captive or imprisoned, or deprived of his lands, or outlawed, or exiled, or in any way destroyed, nor will we go with force against him nor send forces against him, except by the lawful judgment of his peers or by the law of the land."〔The version in force in the UK is Article 29 of the Magna Carta reissued by Edward I of England in 1297, which reads: "No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land.": Magna Carta 1297 ((1297 c. 9 )).〕 Article 9(1) is similar, but by no means identical, to the Due Process Clause of the Fourteenth Amendment to the United States Constitution which prohibits any state from denying "any person of life, liberty, or property, without due process of law", and to Article 21 of the Constitution of India which states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." Article 5(1) of the Constitution of Malaysia and Singapore's Article 9(1) are worded the same way as the latter was adopted in 1965 from the former following Singapore's independence from Malaysia.〔, s. 6(1).〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Article 9 of the Constitution of Singapore」の詳細全文を読む スポンサード リンク
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