Podcast
Questions and Answers
Within a common law system in Singapore, which judicial action holds the highest authoritative weight?
Within a common law system in Singapore, which judicial action holds the highest authoritative weight?
- A superior court's judgement that aligns precisely with Singaporean jurisprudence. (correct)
- An obiter dictum expressed by a justice of the Court of Appeal regarding contractual interpretation.
- A dissenting opinion penned by a High Court judge on a complex commercial matter.
- Rulings by international tribunals concerning human rights.
Considering the doctrine of stare decisis within Singapore's legal context, which scenario exemplifies its most stringent application?
Considering the doctrine of stare decisis within Singapore's legal context, which scenario exemplifies its most stringent application?
- A District Court judge selectively interpreting a provision of the Constitution.
- The State Courts applying a ratio decidendi from the High Court. (correct)
- The Court of Appeal referencing a persuasive precedent from the UK Supreme Court.
- The High Court considering obiter dicta from a Court of Appeal decision.
In light of Singapore's legal framework, determine the factor that would most significantly undermine the authority of a judicial precedent.
In light of Singapore's legal framework, determine the factor that would most significantly undermine the authority of a judicial precedent.
- Differing factual circumstances in a later case heard by a lower court.
- Legislative enactment of a statute that directly contradicts the precedent's ruling. (correct)
- A shift in societal values rendering the precedent morally questionable.
- Subsequent academic criticism questioning the practical implications of the precedent.
When evaluating competing interpretations of a statute, what factor would hold precedence in Singapore's courts according to Section 9A of the Interpretation Act?
When evaluating competing interpretations of a statute, what factor would hold precedence in Singapore's courts according to Section 9A of the Interpretation Act?
How does the principle of the 'Rule of Law' operate within Singapore's context to constrain judicial interpretation?
How does the principle of the 'Rule of Law' operate within Singapore's context to constrain judicial interpretation?
In the Singapore legal system, which reflects influence from English Common Law, what is the critical distinction between ratio decidendi and obiter dictum?
In the Singapore legal system, which reflects influence from English Common Law, what is the critical distinction between ratio decidendi and obiter dictum?
Regarding Singapore’s approach to international law, which scenario accurately reflects how international conventions are integrated into domestic legal practice?
Regarding Singapore’s approach to international law, which scenario accurately reflects how international conventions are integrated into domestic legal practice?
What is the pre-condition before a Private Member’s Bill can proceed for debate in Singapore’s Parliament.
What is the pre-condition before a Private Member’s Bill can proceed for debate in Singapore’s Parliament.
In Singapore, if the President declines to provide assent to a Bill, what actions can Parliament undertake?
In Singapore, if the President declines to provide assent to a Bill, what actions can Parliament undertake?
Within Singapore's legal system, what recourse is available for overturning a Supreme Court decision?
Within Singapore's legal system, what recourse is available for overturning a Supreme Court decision?
When does legislation passed by the Singapore parliament come into force?
When does legislation passed by the Singapore parliament come into force?
Can rules of civil procedure or criminal procedure be considered 'law'?
Can rules of civil procedure or criminal procedure be considered 'law'?
What is the supreme law of Singapore?
What is the supreme law of Singapore?
What is the purpose of subsidiary legislation?
What is the purpose of subsidiary legislation?
Why can subsidiary legislation created more quickly than creating an Act of Parliament?
Why can subsidiary legislation created more quickly than creating an Act of Parliament?
What does the term stare decisis mean?
What does the term stare decisis mean?
Within a court hierarchy, what is the role of the District Court in relation to the Supreme Court?
Within a court hierarchy, what is the role of the District Court in relation to the Supreme Court?
How are conflicts best resolved between the written Constitution and ordinary legislation in Singapore?
How are conflicts best resolved between the written Constitution and ordinary legislation in Singapore?
Within Singapore's common law legal system, what recourse does a litigant have if they disagree with the High Court's interpretation of a statute, and is merely following precendent?
Within Singapore's common law legal system, what recourse does a litigant have if they disagree with the High Court's interpretation of a statute, and is merely following precendent?
When reviewing a new statute in relation to existing legal precedent, particularly case law from another common law jurisdiction:
When reviewing a new statute in relation to existing legal precedent, particularly case law from another common law jurisdiction:
Given Singapore's parliamentary framework, what is the status of an act that Parliament passes?
Given Singapore's parliamentary framework, what is the status of an act that Parliament passes?
Which of the following scenarios accurately represents the operation of the Noscitur a Sociis rule of statutory interpretation?
Which of the following scenarios accurately represents the operation of the Noscitur a Sociis rule of statutory interpretation?
Within Singapore's legal drafting and legislation, how is a precise explanation most typically signaled within a statutory provision?
Within Singapore's legal drafting and legislation, how is a precise explanation most typically signaled within a statutory provision?
In Singapore, if ambiguity arises in the interpretation of a law, which action would the courts most likely undertake first?
In Singapore, if ambiguity arises in the interpretation of a law, which action would the courts most likely undertake first?
Flashcards
What is Law?
What is Law?
Rules of conduct enforced by the state or community.
Singapore's early independence?
Singapore's early independence?
Political independence without judicial independence from 1965 to 1969.
Judicial Precedent
Judicial Precedent
A system where a previous judgement is an authority for deciding a similar set of facts; binding on lower courts.
Civil Law System
Civil Law System
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The Rule of Law
The Rule of Law
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Basic Principles of Law
Basic Principles of Law
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Singapore's Court Hierarchy
Singapore's Court Hierarchy
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Check & Balances purpose
Check & Balances purpose
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Executive Branch function?
Executive Branch function?
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Criminalisation Definition
Criminalisation Definition
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How does a Bill becomes law?
How does a Bill becomes law?
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An Act of Parliament?
An Act of Parliament?
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Youth Court?
Youth Court?
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Who is Prime MEinister LKY?
Who is Prime MEinister LKY?
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Describe what happens with Attorney General in Singapore.
Describe what happens with Attorney General in Singapore.
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Legal Position of President in Singapore?
Legal Position of President in Singapore?
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What is tabulation?
What is tabulation?
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Study Notes
What is Law?
- Law consists of rules of conduct established and enforced by a recognized authority
- That authority can be the state through its branches (legislative, executive, judiciary) or by the customs of a community
- The rules aim to regulate the community's affairs, behaviors, or actions
Purpose of Law
- Defining a community's rights and obligations are governed by its rules, which must be followed to ensure equality, protection of rights, and non-retroactivity
Justice vs. Law
- The best legal representation and court access may provide an advantage to some, influencing legal outcomes and fairness in a way that might not seem truly just
Singapore Law: Reception and Heritage
- Before the Application of English Law Act 1993, Singapore's legal system was deeply rooted in English common law
- English traditions have influenced the Singaporean legal approach, but other common law from other countries and other countries altogether has also had an effect
- The Singapore system mirrors the British one in approach to terms, methodology, legal thinking, institutions and laws
Civil vs. Criminal Law
- Civil wrongs: Cover breach of contract, torts (like nuisance, trespass, defamation), and copyright breaches, do not refer to statues
- Crimes: Defined by statute, making an action illegal if a law exists prohibiting it
Judicial Precedents
- Superior courts' rulings in past cases serve as a reference for similar disputes
- The principle of stare decisis, means courts adhere to precedents in similar cases
- Judges' reasoning over time shapes legal principles
Civil Law Systems
- Written law and codes serve as the key sources of legal direction
- Legislation tends to be specific
- A reduced focus on judicial precedents
Governance Principles and Checks
- Singapore's governance embraces separation of powers to ensure checks and balances across arms of government
- This prevents concentrated power and potential abuse, helping to protect the country and its citizens from those inside its own government
Singapore's Early Legal History
- 1819-1965: First, Second and Third Charters of Justice regulate law with integration of the Indian Period
- 1868-1941: Straits Settlements become a British Crown Colony
- Interruption with Japanese Occupation during WWII, followed by merger with Malaysia
Post-Independence Legal Evolution
- 1965-1969: Political independence came before judicial independence, and in 1969 Singapore created its own independent Supreme Court
- The final court of appeal came with the Judicial Committee of the Privy Council in London
- 1990: Yong Pung How appointment as Chief Justice streamlined court hierarchy, making the Singapore Court of Appeal the highest court
- The removal of the Privy Council from the system was followed by tech integration, plain English adoption, and the launch of the Singapore Law Reports
- 1993: The Application of English Law Act was passed and became law
- 1997: The position of Senior Counsel was created
- Chan Sek Keong and Sundaresh Menon have both been appointed as Chief Justice since 2000
The Rule of Law
- Supports a democratic legal system with accountability
- Requires that laws are followed uniformly and equally to protect against abuse of power
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