Cameron Miranda
The legal system of Singapore is based on the English common law system. The roots of Singapore's legal system can be traced back to the English legal system, with the Court of Judicature of Prince of Wales' Island, Singapore, and Malacca established by the Charter, which introduced English law into the Straits Settlements, including Singapore. Singapore's legal system has evolved over the years, and its sources of law include its Constitution, legislation, subsidiary legislation, and judge-made law. Singapore's legal system is independent, with its own unique features, and is a parliamentary system based on the Westminster Model.
| Characteristics | Values |
|---|---|
| Roots of the legal system | English legal system |
| Type of government | Parliamentary system based on the Westminster Model |
| Sources of law | Constitution, legislation, subsidiary legislation, and judge-made law |
| Nature of major areas of law | Judge-made, including administrative law, contract law, equity and trust law, property law, and tort law |
| Nature of criminal law, company law, and family law | Largely statutory |
| Reference to English case law | Considered when issues pertain to traditional common-law areas or interpretation of Singaporean statutes based on English enactments |
| Consideration of decisions from other Commonwealth jurisdictions | Increasingly considered, especially from countries like Australia and Canada |
| Basis of judgements | Logic and reasoning, rather than provenance |
| Judicial system | Part of the Judiciary, one of the three branches of the state, enforcing and interpreting the laws |
| Independence of the legal system | Affirmed by the repeal of Section 5 of the Civil Law Act in 1993 |
| Application of English law | Clarified by the Application of English Law Act 1993, stating that English common law continues to be part of Singapore law where applicable and subject to modifications for local circumstances |
| English statutes applicability | Limited to those listed in the Schedules to the Act, with no other English enactments considered part of Singapore law |
| Subsidiary legislation | Written law made by ministers, administrative agencies, or statutory boards under the authority of a statute |
| Judgement by courts | Considered a source of law, interpreting statutes, subsidiary legislation, or developing principles of common law and equity |
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What You'll Learn
Singapore's legal system is based on English common law
Singapore's legal system is based on the English common law system. The roots of Singapore's legal system can be traced back to the English legal system, and it has evolved over the years. Singapore has three sources of law: legislation, judicial precedents (case law), and custom.
The legal system of Singapore is underpinned by the principle of separation of powers, which ensures checks and balances to prevent any abuse of power. The three branches of the state are the Judiciary, the Executive, and the Legislature. The Judiciary enforces and interprets the laws through the court system and its officers. The Executive formulates policies and administers the state, including the Cabinet and various public service agencies. The Legislature, consisting of the President and Parliament, is responsible for enacting legislation.
Major areas of law in Singapore, such as administrative law, contract law, equity and trust law, property law, and tort law, are largely judge-made. This means that judges' decisions in specific cases contribute to the development and elaboration of existing legal principles. However, these decisions cannot conflict with the Constitution or laws passed by Parliament. Judges continue to refer to English case law, especially in traditional common-law areas or when interpreting Singaporean statutes based on English enactments.
While Singapore's legal system has its foundation in English common law, it has also developed its own unique characteristics. The independent status of Singapore's legal system was emphasised with the repeal of Section 5 of the Civil Law Act in 1993 by the Application of English Law Act. This Act clarified the extent of the application of English law in Singapore, stating that English common law remains part of Singapore's law as long as it is applicable to the circumstances of the country and its inhabitants.
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The Court of Judicature interprets and enforces the law
The legal system of Singapore is based on the English common law system. The Court of Judicature of Prince of Wales' Island, Singapore and Malacca was established by a Charter that introduced English law into the Straits Settlements, which included Singapore. The present understanding of the Charter is that it made all English statutes and principles of English common law and equity in force as of 27 November 1826 applicable in the Straits Settlements.
The Singapore courts are part of the Judiciary, which is one of the three branches of the state, with the other two being the Executive and the Legislature. The Judiciary enforces and interprets the laws independently, without influence from other branches of the Government. It comprises the court system and all officers working for the courts, and it is led by the Chief Justice. The Judiciary is responsible for ensuring that all laws are applied fairly and impartially to everyone and that all citizens are equal before the law.
The Judiciary plays a vital role in Singapore's system of government by resolving conflicts that arise in interpreting the law. While the Legislature makes the law, the Judiciary interprets and further develops the law. This is because laws are not always specific enough to account for all possible factors, so interpretation is necessary. The Judiciary also ensures that the interpretation and application of the law are fair for all under Singapore's jurisdiction.
The Judiciary's independence is anchored by the separation of powers between the Legislature, the Executive, and the Judiciary. This three-branch structure is designed to ensure checks and balances to prevent the abuse of power. The Constitution, which is the most fundamental law in Singapore, sets out this arrangement.
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The Constitution is the supreme law
The legal system of Singapore is based on the English common law system. The country gained independence from Malaysia on 9 August 1965, and a makeshift constitution was passed on 22 December 1965. This constitution comprised three documents: the Constitution of the State of Singapore 1963, the Republic of Singapore Independence Act 1965, and portions of the Malaysian Federal Constitution.
The Constitution of Singapore is the supreme law of the land. Article 4 of the Constitution expressly declares its supremacy, stating:
> "This Constitution is the supreme law of the Republic of Singapore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void."
The Constitution is one of the sources of law in Singapore, alongside legislation and judicial precedents (case law). It is written and legally binding, and it outlines the conception, character, and organization of the government, as well as the extent and manner of its power exercise. The Constitution also plays a crucial role in safeguarding the fundamental rights of individuals, including freedom of speech, assembly, association, religion, and equal protection under the law.
The Singapore courts are part of the Judiciary, which enforces and interprets the laws. The Judiciary is one of three branches of the state, along with the Executive and the Legislature. This three-branch structure, set by the Constitution, ensures a separation of powers with checks and balances to prevent power abuse. While the Judiciary decides cases according to the law, the Executive formulates policy and administers the state, and the Legislature passes legislation with the President's approval.
While the Constitution is the supreme law, it is worth noting that Singapore's legal system has been characterised by parliamentary sovereignty. The High Court has rejected the basic structure doctrine, meaning Parliament can amend or repeal any provisions of the Constitution. However, any amendments to Part 4 of the Constitution, which covers fundamental liberties, and Part 3, which covers the protection of Singapore's sovereignty, require a referendum.
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The legal system has three branches
The legal system in Singapore is based on the English common law system. It has three branches, namely the Executive, the Legislature, and the Judiciary. This three-branch structure is known as the separation of powers, which ensures checks and balances to prevent abuse of power.
The Executive, also known as the government, includes the Cabinet and the Attorney-General. The Cabinet is led by the Prime Minister and comprises Ministers appointed from among the Members of Parliament. It is responsible for formulating policies and administering the state's functioning, and it is accountable to Parliament. The Attorney-General is the principal legal advisor to the government and has the discretion to prosecute offenders.
The Legislature, on the other hand, is the highest law-making authority in the country. It comprises the President and Parliament and is responsible for enacting legislation. The Legislature is led by the Speaker of Parliament. While the President is the head of state, they are not a member of any of the three branches. Their authority is required at the final stage of passing legislation.
The third branch is the Judiciary, which enforces and interprets the laws. It comprises the court system and all officers working for the courts. The Judiciary is led by the Chief Justice and is responsible for ensuring equality before the law and access to justice. It is impartial and decides cases based on the law, without providing legal advice.
Singapore's legal system has evolved from the English legal system, and it recognises three sources of law: legislation, judicial precedents (case law), and custom. Legislation includes Acts of Parliament and subsidiary legislation passed by the government, which are published on Singapore Statutes Online. Judicial precedents, or common law, refer to law developed from cases decided by judges, elaborating on existing legal principles as required by specific cases.
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Singapore's laws are also influenced by other Commonwealth jurisdictions
Singapore's legal system is based on the English common law system, a legacy of its colonial past as part of the British Empire. While English law forms the basis of Singapore's legal system, the country's laws have also been influenced by other Commonwealth jurisdictions.
Singapore's legal system has three sources of law: legislation, judicial precedents (case law), and custom. The country's judges continue to refer to English case law, particularly in traditional common-law areas such as contract law, equity and trust law, property law, and tort law. However, in recent times, Singapore's courts have also considered decisions from other Commonwealth jurisdictions, including Australia, Canada, and India. These jurisdictions have influenced the approach and content of some of Singapore's statutes.
The Singapore Courts tend to consider decisions based on their logic rather than their provenance. This means that while English and Commonwealth jurisprudence is influential, it is not binding on Singapore's courts. The country's judges are required to apply the law impartially and interpret it without bias. Singapore's legal system is independent, and the Application of English Law Act 1993 clarified the extent of the application of English law in the country.
Singapore's constitution, which is the most fundamental law in the country, is based on the Westminster system of the United Kingdom. The country's structure of government, with its three branches of the legislature, executive, and judiciary, is set out in the Constitution. The Constitution guarantees the rule of law and equality before the law for all citizens.
In conclusion, while Singapore's legal system is based on English common law, the country's laws have also been influenced by other Commonwealth jurisdictions through their judicial decisions and statutory interpretations. Singapore's courts consider these decisions based on their logic and develop their own local jurisprudence, contributing to the evolution of the country's legal system.
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Frequently asked questions
Yes, Singapore's legal system is based on the English common law system.
Singapore is a republic with a parliamentary system of government based on the Westminster model.
Singapore has three sources of law: legislation, judicial precedents (case law), and custom.
The Singapore courts are part of the Judiciary, which enforces and interprets the laws. It is led by the Chief Justice and ensures that all are equal before the law and have access to justice.
Common law, or judge-made law, is developed from cases decided by judges. Judges do not make the law at their own discretion and must apply the law impartially.
