Singapore is a republic with a parliamentary system of Government. Singapore was formerly a British colony and her legal system is derived from the common law as developed in England.
The common law system is distinct from the civil law systems that operate in Europe and countries such as Indonesia and Japan, which are derived from Roman law. Other countries that employ variations of the common law system are the United States, Canada, Australia New Zealand, Malaysia and India. The main feature of the common law system is that judges' decisions in pending cases are informed by the decisions of previously settled cases.
The Constitution
The Constitution is the nation's supreme law. It entrenches basic freedoms of the individual and provides for the organs of state. Any legislation contrary to the Constitution shall, to the extent of the inconsistency, be void.
The fundamental rights provided in the Constitution include:
- the right to equal protection of the law;
- the right to freedom of speech and expression;
- the right to assemble peaceably;
- the right to form associations;
- the right to profess and practise his religion
Pursuant to the Constitution, the President, as the Head of State, appoints the Prime Minister and the other Cabinet members from among the elected Members of Parliament. The Prime Minister leads the Cabinet in the administration of the Government.
The current President is Tony Tan and Lee Hsien Loong of the People's Acton Party, has been the Prime Minster since 2004.
The Legislature
The Legislature comprises the Singapore Parliament and the President. The Singapore Parliament is modelled after the Westminster system of parliamentary democracy where Members of Parliament are voted in at regular General Elections.
The functions of Parliament include making laws, controlling the state's finances and taking up a critical/inquisitorial role to check on the actions of the governing party and the ministries.
There are currently 90 Members of Parliament representing 3 political parties.
The Executive
The Executive includes the President, the Cabinet and the Attorney-General.
The head of the Executive is the President. The President is elected by the people and is empowered to veto government budgets and appointments to public office.
The Cabinet is led by the Prime Minister and is responsible for all government policies and the day-to-day administration of the affairs of state. It is responsible collectively to Parliament, and comprises the Prime Minister, Deputy Prime Ministers, and the ministers in charge of the government ministries.
The current President is Tony Tan and Lee Hsien Loong of the Peoples's Acton Party, has been the Prime Minster since 2004.
The Attorney-General is the principal legal advisor to the Government and has the power and discretion to prosecute offenders. Sundaresh Memon is the current Attorney-General.
The Judiciary
The Judiciary consists of the Supreme Court and the Subordinate Courts and the head of the Judiciary is the Chief Justice.
The highest court is the Court of Appeal which hears both civil and criminal appeals from the High Court and the Subordinate Courts.
The Subordinate Courts consists of the District Courts, Magistrates' Courts, Juvenile Courts, Family Courts, Coroners Courts and the Small Claims Tribunal.
A special Constitutional Tribunal hears questions referred to by the President on the effect of constitutional provisions.
The judge is the arbiter of both law and fact in Singapore. There is no jury in court trials.
The present Chief Justice is Chan Sek Keong.
The Legal Profession
The legal profession in Singapore is 'fused' - the Singapore lawyer may act as both an Advocate as well as a Solicitor.
The Law Society of Singapore is a statutory body which is the representative body for all lawyers in Singapore. The Singapore Academy of Law is a statutory body whose membership comprises of the Bench, the Bar, corporate counsel and faculty members of the local law schools.
The Faculty of Law of the National University of Singapore and the School of Law of Singapore Management University conduct undergraduate and post-graduate law courses.
Law Enforcement
The Singapore Police Force is responsible for keeping peace and order in Singapore. In addition to the Singapore Police Force, other government agencies also investigate offences and enforce laws in specific areas such as:-
- Central Narcotics Bureau - drug related offences;
- Corrupt Practices Investigation Bureau - anti-corruption laws;
- Immigration and Checkpoints Authority - immigration and customs law;
- Internal Security Department - domestic security.
There are auxiliary police forces, being commercially run organisations authorised by law to carry out certain police-style functions, such as providing security for banks and airports.
Singapore Laws & Research
It can be a complicated task to find the relevant law, even for a lawyer. A starting point may be websites giving an overview of the law or with links to relevabt resources. These include:
- SingaporeLaw - commentaries give an overview of Singapore legal system and commercial laws of Singapore law;
- Singapore LawOnline - a portal providing information and links to key legal sites;
Law@gov.sg is a Government portal providing links to information and policies on law. The Law Society of Singapore's website also provides online information on court systems and various common issues such as bail, police investigations and legal costs.
Statutes Online is a free online database of Singapore legislation which is updated monthly.
The Supreme Court and the Subordinate Courts websites provide free access to the decisions or judgments made by the Courts.
December 2011
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