Keith Mack
Singapore's legal system has its roots in the English legal system due to its colonial past as part of the British Empire. Singapore has a common law legal system, which is evident in certain traditional areas such as contract law and tort law. However, since independence, the civil law of Singapore has evolved distinctly from English common law, with the country's legal system gaining independent status with the repeal of the Civil Law Act in 1993.
| Characteristics | Values |
|---|---|
| History | Singapore's legal system has roots in the English legal system, influenced by its colonial past as part of the British Empire. |
| Sources of Law | The Constitution, legislation (Acts of Parliament), subsidiary legislation, and judge-made law (common law). |
| Court System | The Supreme Court, State Courts, District Courts, Magistrates' Courts, and specialised divisions like the Civil Division, Criminal Division, and Court of Criminal Appeal. |
| Judicial Independence | The Judiciary is impartial and interprets and enforces the law without influence from other branches of the state. |
| Separation of Powers | The government is divided into three branches: the Legislature, the Executive, and the Judiciary, with the President as the head of state. |
| Muslim Law | The Administration of Muslim Law Act recognises Muslim Law in personal legal matters, such as family law and inheritance, administered by the Syariah Court. |
| Arbitration | Singapore is a leading arbitration hub with centres like the Singapore International Arbitration Centre (SIAC) and the Singapore Mediation Centre (SMC). |
| Contract Law | Influenced by English common law, the law of contract deals with rules, dispute resolution, and remedies in cases of breaches of contract. |
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What You'll Learn
Singapore's legal system is based on English common law
Singapore has a common-law legal system, which is a result of its history as part of the British Empire. Singapore, Malacca, and Penang became the Straits Settlements in 1826, under the control of British India. In 1946, Singapore became a Crown Colony, and it gained self-government in 1959. Singapore's structure of government is based on the Westminster system of the United Kingdom, with a separation of powers between the legislature, executive, and judiciary.
The influence of English common law is evident in various areas of Singapore's legal system. For example, in traditional common law fields such as contract law, tort law, and equity, English legal decisions made before 1827 continue to hold persuasive value in Singaporean courts, even though they are not considered binding. This influence also extends to specific cases, such as the affirmation of the English case of Hadley v Baxendale in contract law.
However, Singapore's legal system has evolved independently since gaining independence. The country's legal system is now based on its Constitution, legislation, subsidiary legislation, and judge-made law. The Constitution is the supreme law, providing a framework for the three branches of government and ensuring that all laws passed do not conflict with it. While Singapore's legal system may have roots in English common law, it has developed its own local jurisprudence over time.
The Singaporean judiciary, led by the Chief Justice, enforces and interprets the laws. It comprises the Supreme Court and subordinate courts, ensuring equal access to justice for all citizens. The Executive formulates policies and administers the state, while the Legislature passes statutes and subsidiary legislation. Together, these branches work within a constitutional framework to uphold the rule of law and maintain a fair and effective legal system in Singapore.
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The influence of English common law
Singapore has a common-law legal system, which is a result of its colonial past as part of the British Empire. The influence of English common law on the development of Singapore's law is more evident in certain traditional common-law areas, such as contract, tort, and equity, than in other statute-based areas like criminal law and company law.
The legal system of Singapore is based on the English common law system, with major areas of law, such as administrative law, contract law, equity and trust law, property law, and tort law, largely being judge-made. However, certain aspects have been modified to varying degrees by statutes. While judicial decisions from England and other Commonwealth jurisdictions are not binding on Singapore courts, Singapore has traditionally shown deference to English decisions. For instance, English decisions made before 1827 are not considered binding but are still persuasive in Singaporean court judgments. In the law of contract, the Singapore court has affirmed the English case of Hadley v Baxendale, which establishes two limbs for the establishment of remoteness in cases of breach: natural losses arising from breach and special knowledge of the plaintiff.
Singapore's legal system has, however, evolved to become independent, as underlined by 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, including principles and rules of equity, remains part of Singapore law insofar as it is applicable to the country's circumstances and inhabitants. As for English statutes, only those listed in the Schedules to the Act apply or continue to apply in Singapore.
In recent times, the Singapore Courts have also shown a tendency to consider decisions from other important Commonwealth jurisdictions, such as Australia and Canada, indicating a move towards developing their own local jurisprudence.
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Singapore's legal system is independent
Singapore has a common-law legal system, inherited from its time as part of the British Empire. The influence of English common law is particularly evident in traditional common-law areas such as contracts, torts, and equity. However, Singapore's legal system is independent and has developed distinctively from English common law since the country gained sovereignty in 1965.
The roots of Singapore's legal system can be traced back to the English legal system, but it has evolved over the years. Singapore's sources of law are derived from its Constitution, legislation, subsidiary legislation, and judge-made law. The Constitution is the supreme law of the land and lays down the basic framework for the three organs of state: the Executive, the Legislature, and the Judiciary. This three-branch structure, known as the separation of powers, ensures checks and balances to prevent the abuse of power.
The Executive includes the Cabinet and the Attorney General and is responsible for formulating policies and administering the state. The Legislature passes legislation with the approval of the President, and the Judiciary enforces and interprets the laws. The Judiciary is led by the Chief Justice and comprises the court system and all officers working for the courts. It is responsible for ensuring equality before the law and access to justice for all.
Singapore's legal system has undergone various changes over time, including the establishment of the Court of Criminal Appeal before World War II and the creation of the Singapore International Arbitration Centre (SIAC) in 1991. The country's legal system also accommodates Muslim Law in personal legal matters, such as family law and inheritance, through the Administration of Muslim Law Act.
While Singapore's legal system has been influenced by its colonial past, it has asserted its independence and developed its own local jurisprudence. The Court of Appeal issued a statement in 1994, emphasising its freedom to depart from previous decisions if adhering to them would cause injustice or constrain the development of Singapore's laws. This underscores the independent status of Singapore's legal system and its authority to shape its own legal landscape.
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Singapore's court system
Singapore has a common-law legal system as a result of its colonial past as part of the British Empire. The influence of English common law is evident in certain areas, such as contract law, tort law and equity. Singapore's court system is structured according to the principles of separation of powers, with three independent branches of government: the Judiciary, the Executive, and the Legislature. The Judiciary, led by the Chief Justice, enforces and interprets the laws and comprises the court system and its officers.
The court system in Singapore has undergone several changes over time. The last major changes before World War II took place in 1934 with the creation of the Court of Criminal Appeal, followed by the establishment of the Supreme Court in 1936, consisting of a High Court and Court of Appeal. During the Japanese occupation, all existing courts ceased to function, and a Military Court of Justice was established.
After gaining independence in 1965, Singapore re-established its Supreme Court in 1969, comprising the High Court, the Court of Appeal, and the Court of Criminal Appeal. Jury trials were abolished, and the Criminal Procedure Code was amended to allow for trials of capital offences to be heard by a single judge. The State Courts were formally established under the Subordinate Courts Act 1970, consolidating various lower courts into a unified judiciary.
Today, Singapore's court system includes the Supreme Court, State Courts, and Family Justice Courts. The Supreme Court is the highest court in the land, consisting of the Court of Appeal and the High Court. The Court of Appeal hears appeals from the High Court, which exercises original and appellate jurisdiction in civil and criminal cases. The Family Justice Courts handle a full suite of family-related matters, including divorce, family violence, adoption, guardianship, youth court cases, and probate issues.
Singapore's legal system is known for its fairness and impartiality, ranking highly in access to civil justice. The country's laws are based on various sources, including legislation (Acts of Parliament and subsidiary legislation), common law (judge-made law), customs, and the Constitution, which is the supreme law.
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Sources of Singapore's law
Singapore's legal system is based on the English common law system. There are three general sources of Singapore law: legislation, judicial precedents (case law), and custom.
Legislation is divided into statutes and subsidiary legislation. Statutes are written laws enacted by the Singapore Parliament, as well as by other bodies that previously had the power to pass laws for Singapore, such as the British Parliament, the Governor-General of India in Council, and the Legislative Council of the Straits Settlements. One particularly important statute is the Constitution of the Republic of Singapore, which is the supreme law of Singapore. Any law enacted by the legislature that is inconsistent with the Constitution is void. Statutes of the Singapore Parliament and applicable English statutes are published in the Statutes of the Republic of Singapore.
Subsidiary legislation, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies, such as government departments and statutory boards, under the authority of a statute or other lawful authority. It is published in the Subsidiary Legislation of the Republic of Singapore.
Judicial precedents, or case law, refer to the judgments handed down by the courts, which are considered a source of law in Singapore as a common law jurisdiction. These judgments may interpret statutes or subsidiary legislation or develop principles of common law and equity laid down by previous generations of judges. Major areas of law, such as contract law, equity and trust law, property law, and tort law, are largely judge-made, while other areas, such as criminal law, company law, and family law, are more statutory in nature.
Custom is an established practice or course of behaviour that is regarded by those engaged in it as law. Customs do not have the force of law unless they are recognised in a case. "Legal" or "trade" customs are not recognised as law unless they are certain and not unreasonable or illegal. In Singapore, custom is a minor source of law, as not many customs have been given judicial recognition.
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Frequently asked questions
Singapore is a common law country.
Singapore's legal system has been influenced by its colonial past as part of the British Empire. The structure of its government is based on the Westminster system of the United Kingdom. Singapore's laws are also based on English common law, particularly in areas such as contract, tort, and equity.
The main source of law in Singapore is its Constitution, which is the supreme law of the land. Other sources include legislation, subsidiary legislation, and judge-made law.
