Keith Mack
Singapore's legal system is recognised for its fairness, integrity, and efficiency, making it one of the best countries in the world for businesses. The country's laws come from a variety of sources, including its Constitution, which guarantees the fundamental rights and equality of all citizens, and the Legislature, which enacts the laws. Due to its history as a British colony, English common law is also an important part of Singapore's legal system, with judicial precedent being a key feature.
| Characteristics | Values |
|---|---|
| Basis of Singapore's legal system | Legislature, Executive, and Judiciary |
| Legislature | Known as the Parliament, enacts Singapore's laws |
| Executive | Led by the President and Cabinet, implements laws enacted by the Parliament |
| Judiciary | Interprets the law and resolves disputes; judicial precedent is incorporated into Singapore's legal system |
| History | Influenced by English common law due to its history as a British colony |
| Application of English Law Act | Updated as recently as 22 June 2025 |
| Recognition | Known for fairness, integrity, and efficiency, making it business-friendly |
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What You'll Learn
Singapore's legal system
The Judiciary interprets the law and resolves conflicts when disputes arise between parties in court. The Judiciary's interpretations become case law, which is incorporated into Singapore's legal system. Due to Singapore's history as a British colony, English common law is also an important part of its legal system. In a common-law system, judicial precedent, or the decisions made by higher courts in previous cases on similar issues, must be followed when deciding a new case. Singapore's law on contracts, torts, and restitution has been established through this common-law tradition, originally following English judicial precedent.
Singapore's Constitution ensures the fundamental rights of its citizens, guaranteeing equality for all regardless of race, religion, or sex. It also establishes the basic framework for the country's government, outlining the roles of the Legislature, Executive, and Judiciary in creating and enforcing the nation's laws.
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Judicial precedent
Singapore's legal system is recognised for its fairness, integrity, and efficiency, making it one of the best countries in the world for businesses. The country's legal system has three branches: the Legislature, the Executive, and the Judiciary. These branches work together to create and enforce the laws of Singapore.
The Legislature, also known as Parliament, enacts Singapore's laws. The Executive, led by the President and their Cabinet, implements these laws by writing detailed regulations. These regulations are subsidiary laws that ensure the Legislature's laws achieve their objectives.
The Judiciary interprets the law and resolves conflicts when disputes arise between parties in one of Singapore's courts. The Judiciary's interpretations become case law, which is incorporated into Singapore's legal system. Due to Singapore's history as a British colony, English common law is also an important part of its legal system.
In a common law system, judicial precedent, or the decisions from higher courts in previous cases on the same issue, must be followed by the court when deciding a case. Singapore's law on contracts, torts, and restitution has been created through this common law tradition. Originally, Singapore followed English judicial precedent.
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Dispute resolution
Singapore's legal system is recognised for its fairness, integrity, and efficiency in dispute resolution, making it one of the best countries in the world for doing business. Singapore's judiciary interprets the law and resolves conflicts when two parties bring a dispute before its courts. The judiciary's interpretations become case law, which is incorporated into the country's legal system. Singapore's law on contracts, torts, and restitution has been influenced by the common law tradition.
The country's legal system is based on the English common law system, particularly in major areas of law such as administrative law, contract law, equity and trust law, property law, and tort law. However, since independence, Singapore's civil law has evolved independently from English common law. While English decisions made before 1827 are not binding, they still hold persuasive value in Singaporean courts. In MXM Restaurants v Fish & Co., the Singaporean court affirmed the English case of Hadley v Baxendale, which established two limbs for determining remoteness in breach of contract cases.
Singapore offers alternative dispute resolution (ADR) options in addition to its court system. ADR methods include mediation and arbitration, which are quicker, cheaper, and easier than litigation. Mediation provides a legally non-binding forum for parties to resolve their differences with the help of a trained mediator. The Mediation Act 2017 enforces mediated settlements, and the Community Mediation Centres Act 1997 establishes Community Mediation Centres to provide mediation services for specific disputes. Singapore is also a signatory to the Singapore Convention on Mediation, ensuring cross-border enforcement of mediated settlement agreements. Arbitration results in legally binding decisions, even if one or both parties disagree. Almost all commercial disputes in Singapore are arbitrable, except when contrary to public policy or incapable of settlement through arbitration.
The Singapore Court provides guidelines for party-and-party cost awards, and parties must file cost schedules for specific proceedings. Third-party funding is permitted for arbitration and court proceedings, but only by entities meeting specific criteria, such as professional funders with sufficient capital. The Court may suggest amicable dispute resolution, and if a party refuses, they must submit a sealed document explaining their reasons, which the Court can refer to when determining costs.
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Singapore's Constitution
The Constitution of the Republic of Singapore is the supreme law of the land. It is a written constitution that came into effect on 9 August 1965, derived from the Constitution of the State of Singapore 1963, the Federal Constitution of Malaysia, and the Republic of Singapore Independence Act 1965. Singapore's Constitution lays down the basic framework for the three organs of state: the Executive, the Legislature, and the Judiciary. The Executive includes the Cabinet and the Attorney General, with the former comprising the Prime Minister and Ministers appointed from among the Members of Parliament.
The Constitution guarantees equality for all citizens of Singapore, regardless of religion, race, descent, or place of birth. It expressly states that there shall be no discrimination in any law or in the appointment to any office or employment under a public authority. It also ensures that no citizen of Singapore shall be banished or excluded from the country.
The Constitution can be amended in two ways, depending on the nature of the provision being changed. Most Articles can be amended with the support of more than two-thirds of all Members of Parliament during the Second and Third Readings of each constitutional amendment bill. However, provisions protecting Singapore's sovereignty, such as those relating to the President's powers and election, can only be amended if supported by at least two-thirds of the total votes cast in a national referendum.
Singapore's legal system is based on the Westminster Model, with roots in the English legal system. The sources of constitutional law can be grouped into two categories: legally binding and non-binding. Legally binding sources include the text of the Constitution, judicial interpretations of it, and other statutes. Non-binding sources include soft law, constitutional conventions, and public international law, which influence constitutional law.
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English influence on common law
Singapore's legal system is influenced by English common law due to its history as a British colony. In a common-law system, judicial precedent, or the decisions from higher courts in previous cases on the same issue, must be followed by the court when deciding a case. Singapore's law on contracts, torts, and restitution has been created through this common-law tradition.
The English common law system is based on the principle of stare decisis, which means "to stand by things decided." This principle establishes that court decisions in similar cases should be consistent and that judges are bound by the decisions of higher courts in their jurisdiction. Over time, these decisions create a body of judicial precedent that guides future decisions and the interpretation of the law.
The Singapore legal system has adopted this principle, and its Judiciary interprets the law and resolves conflicts between parties. These interpretations become case law that is incorporated into Singapore's legal system. The higher courts in Singapore, such as the Court of Appeal and the High Court, have the power to create binding precedents that lower courts must follow.
In addition to judicial precedent, English common law also influences Singapore's legal system through the application of legal principles and doctrines developed over centuries of English legal history. These include concepts such as the rule of law, judicial review, and equitable remedies, which form the basis of Singapore's approach to governance and the protection of individual rights.
While English common law plays a significant role in Singapore's legal framework, it is important to note that Singapore has also developed its own unique legal system. The country has a Constitution that ensures the fundamental rights of its citizens, guaranteeing equality regardless of race, religion, or sex. The Constitution also establishes the framework for the government's three branches: the Legislature, the Executive, and the Judiciary, each charged with creating and enforcing the laws of Singapore.
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Frequently asked questions
Due to its history as a British colony, English common law is an important part of Singapore's legal system.
English common law refers to the system in which judicial precedent or the decisions from higher courts in previous cases on the same issue, must be followed by the court when deciding a case.
When two parties bring a dispute to one of its courts, the Judiciary interprets the law and resolves the conflict. The Judiciary’s interpretations become case law that is incorporated into Singapore’s legal system.
Singapore's legal system is recognised for its fairness, integrity, and efficiency, making it one of the best countries globally for starting and running a business. Singapore has a Constitution that ensures the fundamental rights of its citizens, treating everyone equally regardless of their race, religion, or sex.
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