Faith in institutions, rule of law will be eroded if countries do not deliver governance: Shanmugam

The more countries do not deliver governance, the more people will lose faith in existing institutions, in the judiciary and in the rule of law.

Minister for Law and Home Affairs K. Shanmugam said on Jan 14 that until governments get their act together and deliver better governance, the rule of law is going to continue to erode.

He was responding to a question posed during a discussion that was held at a conference to mark the 10th anniversary of the Singapore International Commercial Court (SICC).

The session was moderated by Senior Counsel Cavinder Bull.

SICC international judge Jonathan Hugh Mance noted that the world seems to be dividing into countries which have a “traditional” perception of the rule of law, one that is shared by Singapore, and countries which have a completely different view.

The British judge asked what could be done to promote those who believe in the rule of law.

Mr Shanmugam said the bigger problem today was governance. Even countries that are traditionally seen as having good rule of law standards are not delivering governance, he said.

Mr Shanmugam gave the example of Britain, which he described as a “standard bearer for the rule of law”, where a minister openly said the country might break international law.

He was referring to the introduction of a Bill that would override some parts of its Brexit treaty with the European Union.

He asked whether the governance of the different prime ministers in Britain in the last few years has improved the lives of the people.

Mr Shanmugam said the US would also be a “shining light” of the rule of law. But, “you don’t quite hear the same refrain about the rule of law today in American politics”, he added.

“So I think the bigger problem is the legitimacy of governments.”

He said the level of people’s trust in the elected government and in Congress is in the “single digits”, while the standing of the US Supreme Court is in the “low teens”.

Mr Shanmugam noted that when governments think through policies, put them in place and drive them through, the group that is affected will mobilise to block them, even though a larger majority stands to benefit.

“Until democracies get their act together and deliver better governance, I think rule of law is going to continue to erode,” he said.

“It’s only the countries that can deliver governance that I think will continue to be able to strengthen the rule of law.”

Another SICC international judge, Justice Mary Howarth Arden, asked Mr Shanmugam if social media, particularly recent posts by tech billionaire Elon Musk attacking the British government, posed a threat to democratic institutions.

Mr Shanmugam replied yes. But he noted that even before social media, traditional media in Britain had regularly published articles attacking the judiciary, with newspaper headlines labelling judges as “you fools”.

“Social media just turbocharged the process. Everyone is an expert. Everyone has a conspiracy theory.”

Mr Shanmugam said the fundamental “secret sauce” for societal success is to have trust and a common understanding of certain basic truths and facts.

But, today, it is difficult to have a common conversation.

“The middle ground is no longer there. It’s a very, I think, sad and dangerous situation.”

Mr Shanmugam added that requiring accuracy of facts is actually inimical to the economic interest of big tech companies.

“Because the more angry I make you, the more likely I get eyeballs,” he said.

He said statesmen are needed to deal with these issues.

“And the country that can make the real difference on these issues is ultimately not the UK, it’s the US, and we will have to hope for wisdom, continuing wisdom from the new administration on that.”

Source: Straits Times © SPH Media Limited. Permission required for reproduction.

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