Understanding the Law and Singapore Legal System

• The following are study notes from the provided document:

What is Law?

• Rules of conduct established and enforced by the state or by custom of a community
• The purpose is to regulate affairs or behaviors through rights and obligations.
• The law is a set of rules that must be obeyed.
• Equality before the law ensures everyone is subject to it.
• Applicable to everyone.
• Protects individual rights.
• Should be non-retrospective.
• Justice involves law but those who should win sometimes lose, potentially due to resources.
• Those with better lawyers and resources may have an advantage.

Introduction to Singapore Law

• Singapore's legal system resembles the English legal system in terms of methodology, legal reasoning, structure, classification, and procedure.
• Reception of English Law before the Application of English Law Act 1993.
• Singapore inherited the English common law tradition.
• Judicial precedent is judgements of a court of law cited as an authority for deciding similar facts.
• A legal principle used in a court's decision is binding on lower courts.
• Other common law jurisdictions like Australia and India have influenced Singapore's legal approach.

Divisions of the Law

• The difference between criminal & civil wrong depends on legal consequences, procedure, outcome and terminology.
• A civil wrong involves a breach of contract or copyright, or is a tort.
• A crime requires a statute that makes an action criminal.

Our English Heritage

• Legal history includes periods under British rule.
• 1819-1868: The First, Second, and Third Charters of Justice marked different phases, including the Indian Period.
• 1868-1941: A crown colony era.
• Interrupted by Japanese occupation.
• Followed by the merger with Malaysia and Malaysian Federal Law.

The Basic Principles

• Absolute supremacy of the law.
• The law governs every decision affecting people, with no one above it.
• All are equal in the eyes of the law and treated equally.

Singapore's Legal History (Post-Independence)

• 1965-1969: Political independence without judicial independence.
• Court of Appeal in Malaysia with final appeal to the Privy Council in London.
• 1969: Judicial independence occurred when the Supreme Court of Judicature Act was passed in Singapore.
• Singapore came out of the Malaysian Federal court structure.
• Privy council remained the final court of appeal.
• 1990: Appointment of Yong Pung How as Chief Justice.
• Streamlining of court hierarchy
• Making the Singapore Court of Appeal the highest court of the land.
• Appointing permanent Court of Appeal judges
• Removal of the Privy Council from our court structure in 1994
• Greater use of technology in the court system
• Moved towards plain English in the legal system
• Established Singapore Law Reports (SLR).
• Application of English Law Act 1993 passed.
• 1997: Introduced the position of Senior Counsel (SC)
• 2006: Chan Sek Keong appointed as Chief Justice.
• 2013: Sundaresh Menon appointed as Chief Justice.

Judicial Precedents

• A foundation of the common law system.
• Past cases decided by a superior court.
• Stare decisis, means let the decision stand when lower courts are bound by superior court decisions.
• Cumulative reasoning by judges become principles of law.
• Common law is also known as case law or judge-made law. Where are the civil law legal systems principles primarily embodied in legislation or codes.
• Civil law legislation is specific and covers nearly all areas, reducing reliance on judicial precedents

Separation of Powers

• A foundation of Singapore's governance and many other democracies.
• Each government arm independently carries out its functions without undue restraint.
• No single arm should dominate the country.
• There's a system of checks and balances to prevent abuse of power.
• A vote by the general population empowers representatives to make laws.
• Laws must be followed and are applied equally, preventing individuals from taking matters into their own hands.
• The system protects against abuses of power.

Law vs Morality

• Law is dynamic—new laws can be enacted, changed, or repealed.
• Laws vary from country to country regarding activities permitted.
• Criminalization makes something illegal, while decriminalization makes something legal.
• Law changes according to public needs and moral values.
• Law involves externally enforced rules.
• Morality concerns internal personal matters and no legal consequences.
• Law is enforced by the government with universal binding.
• Morality is enforced by society with individual discretion.
• Laws varies within society.
• Moral values vary within society.

Legal System of Singapore

• It Comprises of 3 Branches including the legislature, Executive and Judicature
• Has a purpose of Check & Balances to avoids too much power.
• Guarantees rights plus liberties of people.
• Makes sure proper and public accountability for decisions.
• The legislature
• the Singapore Parliament
• Singapore Parliament consists of both the elected and non-elected MPs
• the elected President sworn in 14 September 2023
• it consist of a unicameral one Chamber in the legislature
• It consist of 3 types of people including elected MPs, Non-Constituency MPs, Nominated MPs
• The judicial
• The supreme Court
• Made up of the state courts Family Justice Court
• The executive
• The main function is to administer law and run the country