This article examines the relationship between legality and legitimacy in postcolonial constitution-making, focusing on Singapore's two stages of sovereignty transfer from colonial rule to independent statehood: its decolonisation from Britain in 1963, achieved through merger with Malaysia, and its separation from Malaysia in 1965. The article shows how different forms of legitimacy were established and sustained during these transitions. The first independence was characterised by legal continuity and political legitimacy, solidified through peaceful negotiations and the strategic use of a 1962 referendum that helped mitigate internal opposition. By contrast, the second independence in 1965 was a ‘legal revolution’, as neither the Malaysian Federal Constitution nor the State of Singapore Constitution 1963 provided for secession and the People's Action Party (PAP) government lacked an explicit public mandate to negotiate the secession. This break in legal continuity required new sources of (revolutionary) legitimacy, which the PAP government secured through subsequent electoral dominance, constitutional consolidation, and political manoeuvres. This article underscores the fact that legitimacy in making, amending, and consolidating constitutions is inherently transient and unstable, requiring continuous renewal through various political and legal mechanisms.

This Article focuses on the extent to which the different legal approaches of Germany and Singapore to religious diversity were shaped by history. It first analyzes the development in Germany and describes four phases of the development of the law on the relationship between church and state. Starting with the consequences of reformation, it shows that—for centuries—the relationship between denominations had been the crucial matter of this body of law. Only later, the law dealt with conflicts between religion and atheism. This Article then presents the fundamental rights approach of the Basic Law and examines it against the backdrop of the historical development and recent challenges. Second, this Article offers a historical account of Singapore’s attempts at regulating and managing religious diversity. It starts with the establishment of a British trading post on the island in 1819 and runs up to the present day. As a result of mass migration in its early years, Singapore was to become, in the twentieth century, one of the most religiously and culturally diverse nations in the world. This Article shows that Singapore has sought to regulate and manage the various religious groups through a combination of legislation and state policy.