Course Week 2c Study Notes The Structure and Nature of Governments 2024-2025 PDF

The Lee Kong Chian School of Business Academic Year 2024-2025 Loo Khee Sheng The Structure and Nature of the Government PART A: INTRODUCTION Business must...

The Lee Kong Chian School of Business Academic Year 2024-2025 Loo Khee Sheng The Structure and Nature of the Government PART A: INTRODUCTION Business must factor in the Government when conducting business and interact with the Government effectively given the Government’s extensive powers and influence. The Government can nurture start-ups, help businesses and facilitate their operations. It can also put a stop to business, curtail its operations and make its operations difficult. The same applies to non-business organisations and society. The Government can implement policies and rules that favour workers, consumers and the public. Business and non- business organisations must, therefore, understand the Government's structure and constituent parts, their inner workings and roles. Otherwise, one's influence on the Government will be very much lessened. Government is not to be confused with “State”, “Nation”, Country” and “Territory”. “State” refers to an entity involving people in a geographical area or areas that is sovereign. Government, on the other hand, refers to the group of people that governs the State. Hence, the Singapore government refers to the government that governs the State of Singapore. “Country” has several meanings. Country can be used to mean the same as “State”. When used in this manner, we can use “country” and “state” interchangeably, eg. the State of Singapore or the Country of Singapore. It is common to use “country” to refer to its physical aspects, and “state” to its legal aspects. For example, it is common to say “We cycled around the country of Mongolia last year” rather than “We cycled around the State of Mongolia last year”, when we refer to Mongolia as a physical place, although either one is not wrong. On the other hand, it is common to say “The State of Singapore has signed the treaty” rather than “The country of Singapore has signed the treaty” when we refer to its legal aspects, although it is not wrong to use any of the two. Country, however, has other meanings which are different from the meaning of “State”.  The Structure and Nature of the Government (Academic Year 2024-2025) For example, “country” can be used to refer to a geographical area that is not sovereign, such as the Country of England. England is not a sovereign State as England forms a part of the United Kingdom (which is a sovereign state). When used in this manner, “country” does not have the same meaning as “state”. “Nation” refers to a large body of people. Sovereignty is not an element of “Nation”. Hence, when Singaporeans or Americans say that they are “one nation” or “one nation under God”, they mean that they are united as one people. “Territory” refers to a geographical area under the jurisdiction of a state. Some places are called “Territories” in that they are under the control of a certain state. For example, Guam, Puerto Rico and the U.S. Virgin Islands are referred to as territories of the United States of America. The term “Government” can be used in a narrower or broader sense. When used in the narrower sense, the term “Government” means the organs of state that actually govern. In this narrower sense certain bodies such as the courts and armed forces which do not actually govern are not considered parts of the Government. When used in the broader sense, the term “Government” includes organs of state that exercise authority in the state. In this broader sense the Government includes organs of state such as the courts and armed forces. This paper will use the word “Government” in its broader sense.1 This paper looks first at the Singapore Government - its structure, constituent parts and nature - followed by other types of governments. PART B: BRANCHES OF THE SINGAPORE GOVERNMENT The Government of Singapore is comprised of many “parts” (or branches of Government). The main parts are as follows:- 1. The President and the Council of Presidential Advisers. 2. The Executive. 3. The Legislature and the Presidential Council for Minority Rights 4. The Judiciary. 5. The Public Service and other lesser bodies. Given their importance, they are stipulated in the Constitution of Singapore, which is the 1 The word “Government” is used in a narrower sense in the Constitution to mean the President and the Executive and excludes the other branches of the state. (See part V of the Constitution which places the President and the Executive under the head of Government). 2  The Structure and Nature of the Government (Academic Year 2024-2025) supreme law in Singapore.2 PART B1: The President The President The President is the Head of State of Singapore.3 The President is elected by the citizens of Singapore4 and holds office for a term of 6 years.5 An election for the office of President is reserved for (i) the Chinese community, (ii) the Malay community or (iii) the Indian or other minority communities if no person belonging to that community has held the office of President for any of the 5 most recent terms of office of the President.6 A Presidential candidate must satisfy various qualifications, which include the public sector service requirement or the private sector service requirement.7 The President's function is to safeguard the reserves of Singapore and the integrity of the Public Services of Singapore.8 The President also exercises other powers and performs other functions as are conferred on the President by the Constitution and other written law.9 In performing his powers and functions the President acts in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet except as provided by the Constitution.10 This means that generally the President cannot act according to his or her own discretion unless specifically provided for. In this sense, the President is like the monarchy in the United Kingdom who “reigns but does not rule”. Matters which the President can act in his or her discretion include the following:- refuse to make an appointment or refuse to revoke an appointment in respect of certain important offices in the government, certain statutory boards and certain government companies;11 2 Article 4. The Constitution, as the supreme law, has primacy over all other laws in Singapore. Any legislation that is contrary to the Constitution is, therefore, void. 3 Article 17(1). 4 Article 17A(1). 5 Article 20(1). 6 Article 19B(1) and (6). 7 Article 19(2). 8 Article 17(2). 9 Article 17(4). 10 Articles 21(1). 11 Articles 22(1), 22(A)(1) and 22(C)(1). 3  The Structure and Nature of the Government (Academic Year 2024-2025) withhold his or her assent to any Bill passed by Parliament which provides, directly or indirectly, for varying, changing or increasing the powers of the Central Provident Fund Board to invest the moneys belonging to the Central Provident Fund;12 disagree with the Prime Minister and concur with the Director of the Corrupt Practices Investigation Bureau to carry out certain investigations;13 withhold his or her assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill for any financial year if, in his or her opinion, the estimates are likely to lead to a drawing on the reserves which were not accumulated by the Government during its current term of office.14 The President cannot “actively engage in any commercial enterprise”.15 This seems to allow the President to own commercial enterprises but not actively manage them. The President also cannot be a member of any political party.16 If the President is a Member of Parliament, he must vacate his seat in Parliament.17 Although the President has restricted powers, the President plays important roles due to his status as the head of state. The President represents Singapore internationally and acts as Singapore's diplomat in promoting Singapore's interests. When foreign leaders visit Singapore they usually call on the President. Ambassadors and High Commissioners accredited to Singapore present their credentials to the President. The President can use his influence to champion causes dear to him. For example, a President can lend support to fund raising for charities. The Council of Presidential Advisers The President is assisted by the Council of Presidential Advisers. The function of the Council is to advise and make recommendations to the President on any matter referred to the Council by the President under the Constitution.18 PART B2: The Executive The Executive 12 Article 22E. 13 Article 22G. 14 Article 148A(1). 15 Article 19(A)(1)(b). 16 Article 19(A)(1)(c). 17 Article 19A(1)(d). 18 Articles 37I. 4  The Structure and Nature of the Government (Academic Year 2024-2025) The executive authority of Singapore is vested in the President and exercisable subject to the provisions of the Constitution by him or by the Cabinet or any Minister authorised by the Cabinet.19 Executive authority refers to the authority to execute and enforce the law. The Legislature can also confer executive functions on any other persons.20 The Cabinet The executive authority is usually exercised by the Cabinet. The Cabinet has the general direction and control of the Government and is collectively responsible to Parliament.21 The Cabinet consists of the Prime Minister and Cabinet Ministers.22 The word "cabinet" refers to the small room where the English monarch consulted his advisors. The Prime Minister The Prime Minister is appointed by the President and must be a Member of Parliament who in his judgment is likely to command the confidence of the majority of the Members of Parliament.23 The Prime Minister’s authority, therefore, arises from the support the Prime Minister has from the Members of Parliament. Consequently, in Singapore the Prime Minister is not elected directly by the electorate. The Singapore electorate elects the Members of Parliament whose majority members (where available) then lend their support to a particular Member of Parliament to serve as Prime Minister. The electorate, therefore, does not directly elect the Prime Minister. The importance of the support by the majority of the Members of Parliament can be seen from Singapore's history in 1961 and 1962, when Lee Kuan Yew almost lost power. Lee Kuan Yew was sworn in as Prime Minister in 1959 after the PAP won 43 out of 51 seats in the legislative assembly general election held on 30 May 1959. The PAP subsequently lost 2 by-elections, namely, the 29 April 1961 Hong Lim by-election to Ong Eng Guan and the 15 July 1961 Anson by-election to David Marshall. Due to the losses, Lee Kuan Yew moved a motion of confidence in his own government on 20 July 1961. The motion was agreed to with 27 "Ayes", 8 "Noes" and 16 abstentions. Of the 16 abstentions, 13 were PAP Members. The PAP was fractious at that time and these PAP Members of Parliament did not vote in favour of the motion of confidence in Lee Kuan Yew's government. They were, consequently, expelled from the PAP. After the expulsion Lee Kuan Yew's assembly majority was reduced to only 1, with 26 PAP Members of 19 Article 23(1). 20 Article 23(2). 21 Article 24(2). 22 Article 24(1). 23 Article 25. 5  The Structure and Nature of the Government (Academic Year 2024-2025) Parliament to the opposition's 25. On 3 July 1962, PAP Member, Ho Puay Choo, resigned and joined the Barisan Socialis, leaving the PAP one seat short against the opposition. Five days later S. V. Lingam, an opposition member from the United People's Party, returned to the PAP, giving the PAP a one-seat majority again. Another five days later, on 21 August 1962, Minister Ahmad Ibrahim, a PAP Member of Parliament, died from liver cancer, resulting in a 25 to 25 stand-off in the assembly. No by-election was called. Instead, a general election was called on 21 September 1963, 5 days after Singapore's merger with Malaysia. The PAP won 37 out of 51 seats in the general election and consolidated power thereafter. The PAP had retained a comfortable majority since then. Singapore has never had a coalition government to date. The President can exercise some influence on the appointment and resignation of the Prime Minister when the support for the Prime Minister is weak. On 29 February 2020 the Malaysian King appointed Tan Sri Muhyiddin Yassin the Prime Minister of Malaysia to replace Tun Dr Mahathir. There was much controversy as to whether Muhyiddin really had the support of the majority of the members of Parliament at that time. The designation “Prime Minister” indicates the functions of the office. The word "Minister" in the designation conveys the notion that the Prime Minister ministers to the needs of others and does not act as the head of state. The word "Prime", on the other hand, conveys the notion that the Prime Minister is the “most important” of the Ministers. In that sense, the Prime Minister is sometimes referred to as the head of government. To obviate any conflict of interest, the Prime Minister cannot hold any office of profit and cannot actively engage in any commercial enterprise.24 The Ministers There is only so much the Prime Minister can do by himself. The Prime Minister has the Cabinet Ministers to shoulder the responsibilities collectively with him. The Cabinet Ministers are appointed by the President from among the Members of Parliament, in accordance with the advice of the Prime Minister.25 Cabinet members cannot be actively engaged in any commercial enterprise.26 Other than the Cabinet Ministers, non-Cabinet Ministers are also appointed.27 As the name suggests, non-Cabinet Ministers do not form part of the Cabinet. They help the 24 Article 33. 25 Article 25(1). 26 Article 33. 27 Article 25(1). 6  The Structure and Nature of the Government (Academic Year 2024-2025) Cabinet to discharge its functions in governing Singapore. 28 Collective Action and Dividing Up the Responsibilities As mentioned above, the Cabinet acts collectively. This means that the Cabinet acts as a body and the Prime Minister and Cabinet Ministers act consensually. However, naturally, the Prime Minister and Ministers sometimes disagree among themselves. When the Cabinet was deciding whether to adopt the MRT, tram or bus system, some Cabinet Ministers favoured the MRT system, while others were against. The Cabinet eventually decided on the MRT system. When the Cabinet was deciding whether Singapore should have a casino, some Cabinet Ministers were for and some were against. The Cabinet eventually decided to have 2 casinos. Once the Cabinet decides on an issue, it becomes Government policy and the Ministers adopt it. The collective responsibility of Cabinet means that the members of the Cabinet must publicly support all governmental decisions made in Cabinet, even if they do not privately agree with them. While the Cabinet acts collectively, it is necessary to divide up the task of governing Singapore among the Prime Minister and the Ministers. It would be too time consuming to require the Cabinet to undertake everything collectively. Division of responsibility allows for proper scope, focus, specialisation and clear segregation of responsibilities. Here, each member of the Cabinet assumes individual ministerial responsibility (as opposed to collective responsibility) and is responsible for the running of his or her departments, and, hence, culpability for the departments' mistakes. The responsible for dividing up the responsibilities among himself and the Cabinet Ministers falls on the Prime Minister. The Prime Minister does this by deciding on his own portfolio and the portfolio of the Ministers. Portfolio is a word derived from Italian portafoglio meaning "a case for carrying loose papers". The papers in the case (such as a bag) represent the responsibilities that need to be attended to. The Prime Minister decides whether to retain in his charge any department or subject29 or to charge a Minister with the responsibility.30 The Prime Minister can also revoke or vary the responsibility.31 For example, Prime Minister Lee Hsien Loong has retained in his charge matters relating to the election and corruption, to name just two, and has charged the Minister of Transport responsibility over transport, just to name one example. The Prime Minister and the Ministers have their ministries to assist them in discharging their responsibilities. The Prime Minister’s ministry is called the Prime Minister’s 28 The Cabinet is assisted by the Secretary of the Cabinet, a public officer (Article 36(1)). His duties include arranging the business for, and keeping the minutes of the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority (Article 36(2)). 29 Article 30(2). 30 Article 30(1). 31 Article 30(1). 7  The Structure and Nature of the Government (Academic Year 2024-2025) Office while the Ministers head their respective ministries, such as the Ministry of Transport and so on. In Singapore, some ministries have more than 1 Cabinet Minister. A ministry is usually organised hierarchically. In a hierarchy the command structure is top down. Each personnel is assigned his or her roles and reports to a superior(s). The advantage of a hierarchy is that there is clear assignment of roles and area of responsibility and accountability. Each personnel follows the instructions of the superior. Each superior has his or her subordinates to manage and be responsible for. The disadvantage of a hierarchy is its rigidity. It may not respond well to areas outside its scope of responsibility. For example, quite naturally, a person tasks with the responsibility over a particular district will not take responsibility over another district if he or she does not have to. A ministry's name indicates the area of responsibilities that the ministry shoulders. How a ministry is named is, therefore, important. In July 2012 when the Prime Minister announced the restructuring of 2 ministries (namely, the Ministry of Community Development, Youth and Sports and the Ministry of Information, Communications and the Arts) into 3 ministries (namely, the Ministry of Social and Family Development, the Ministry of Communications and Information and the Ministry of Culture, Community and Youth) the disappearance of the words "sports" and "arts" from the names of all the 3 new ministries gave rise to concerns that sports and arts would receive less priority from the Government. The Government had to give assurance that this would not be the case. The division of responsibilities may seem straight forward at first glance. Legal matters will be placed under the responsibility of the Ministry of Law. Transport matters will be placed under the responsibility of the Ministry of Transport. Health matters will be placed under the responsibility of the Ministry of Health and so on. However, when one realises that a matter can comprise several dimensions, things start to become more complicated. Take the case of an MRT station. Should it fall under the responsibility of the Ministry of Transport or the Ministry of National Development? Perhaps the rail tracks should be placed under the responsibility of the Ministry of Transport while the other areas of the MRT station under the Ministry of National Development. What about blockchain? Should it fall under the responsibility of the Ministry of Trade and Industry because it is used in the supply chain? Or should if fall under the responsibility of the Ministry of Finance because it is used in cryptocurrencies? Perhaps both ministries should assume responsibility for it, depending on its use. Take the case of the snake recounted by Prime Minister Lee Hsien Loong:- "A man called NEA [National Environment Agency] to report that he had spotted a snake near Tanglin International Centre. This is a real story. The 8  The Structure and Nature of the Government (Academic Year 2024-2025) NEA officer asked, “Was the snake in a public park or in the building?” The caller said, “No, it was near the building.” (Officer) “Was it moving toward the building or away?” (Caller) “Toward the stairs of the building.” (Officer) “Where is it now?” (Caller) “I don’t know. I was scared so I ran away.” (Officer) “I need to know where the snake is, so I can escalate this to the right agency.”(Caller) “But I ran away.” (Officer) “Okay sir, I will take care of it.” So the officer put down the phone, and called someone else to catch the snake. A trainee officer was listening in to the conversation, and asked why she had asked so many questions. The officer said, “Depending on the location of a snake, different government agencies may be involved. If it is in a park, it could be NParks. If it is in a drain, it is PUB. If it is endangered, AVA. If it is dangerous, we may call the police!” The trainee asked, “So who did you call to settle the matter?” The officer said, “ACRES (Animal Concerns Research and Education Society).” None of the above! It is an Animal Welfare Group, an NGO."32 Dividing up the responsibilities can lead to difficulties and pitfalls. Placing too many responsibilities on the shoulders of a ministry can lead to ineffectiveness. Multiple responsibilities require multiple competencies which the Minister may not have in equal measure. Or part of the responsibilities or portfolios may not receive enough attention. A ministry can turn into a silo that insulates itself from working efficiently with the other ministries. The division of responsibilities can unwittingly turn into a barrier against co- ordination among the ministries. Duplication, inconsistencies and conflicts can also arise among ministries. When a matter straddles a few ministries, business needs to deal with several ministries, such as obtaining licenses from several ministries, leading to red-tape and inefficiencies. A matter can fall into the cracks between the ministries, with no ministry assuming responsibility. When this happens, a matter is shunted from department to department. One reason why the US government failed to prevent 9/11 was the failure to co-ordinate the various intelligence and law enforcement agencies. Sometimes different Ministers have different views and approaches on similar matters, leading to different policies and practices in different Ministries. For example, in April 2009 Mr Khaw Boon Wan, then Health Minister, suggested that food stalls at public hospitals should be required to attain a cleanliness score of "A" or "B" as a condition for renewing their stalls. On the other hand, Mr Yaacob Ibrahim, then Minister for Environment and Water Resources, did not think this appropriate for the hawker stalls under his purview.33 In such a situation there is no single policy applicable to the whole country. Instead, different policies and practices apply to different areas under different 32 Speech by Prime Minister Lee Hsien Loong at Public Service Leadership Advance on 30 Sep 2013, https://www.pmo.gov.sg/Newsroom/speech-prime-minister-lee-hsien-loong-public-service-leadership- advance-30-sep-2013, accessed on 02August 2020. 33 Leong Wee Keat, "Two ministers, two approaches," Today, 23 April 2009. 9  The Structure and Nature of the Government (Academic Year 2024-2025) ministries. There is inherently a tension between the whole and the parts. On the one hand, the Government needs to work effectively as a whole. Some issues need the whole-of- government approach that requires ministries to work well together to address the issues. On the other hand, the Government needs to allocate responsibility to the parts due to the limitations discussed above. How the tension is addressed is a necessary function of Government. To resolve some of these issues, the Government has set up inter-ministerial task forces and agencies. An example is the Municipal Services Office in the Ministry of National Development set up to improve the Government’s overall coordination and delivery of municipal services. An inter-ministerial structure operates more like a network rather than a hierarchy so that it can straddle across hierarchies. Advantages and Disadvantages of Ministers being Members of Parliament The requirement that the Prime Minister and Ministers be chosen from the pool of Members of Parliament has its advantages. A Minister who is also an elected Member of Parliament may be more attuned to the public as he or she must account to the electorate who elected him or her and who will decide in the next election whether to re-elect him or her or not. As head of the Ministry the Minister may want to ensure that his or her Ministry serves the public interest. However, the requirement that the Prime Minister and Ministers be chosen from the pool of Members of Parliament has its drawbacks as well. One drawback is that sometimes there is no Member of Parliament with the requisite experience or expertise to run a particular ministry. Greece can serve as an example. In November 2011 Greece needed someone with the relevant technical expertise to deal with its severe economic crisis, but none of the elected Members of Parliament was considered qualified enough to handle the crisis as Prime Minister. The elected leaders of Greece agreed to appoint Lucas Papademos, one of Europe’s foremost experts in macroeconomics, as the Prime Minister of Greece. However, he had never been elected into any public office. A way was found to appoint Lucas Papademos as Prime Minister even though he was not elected. Another drawback of requiring a Minister to be a Member of Parliament is the difficulty in removing a popular or powerful politician even when he has not discharged his Ministerial role well. Parliamentary Secretaries 10  The Structure and Nature of the Government (Academic Year 2024-2025) Ministers are assisted by Parliamentary Secretaries in the discharge of their duties and functions. They are appointed by the President, acting in accordance with the advice of the Prime Minister, from among the Members of Parliament.34 A Parliamentary Secretary cannot be actively engaged in any commercial enterprise.35 Attorney-General and Deputy Attorney General The Government also has an Attorney-General who is appointed by the President.36 The Attorney-General's duties are to advise the Government on legal matters, to perform duties of a legal character referred or assigned to him by the President or the Cabinet and to discharge the functions conferred on him by law.37 The Attorney-General has power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence.38 The Attorney-General has an unfettered discretion as to when and how he exercises his prosecutorial powers, subject to his acting according to law and the Constitution. He may not use his prosecutorial power in bad faith for any extraneous purposes or in contravention of constitutional rights, such as the right to equality before the law and the equal protection of the law. As an example of the function of the Attorney-General, the Attorney-General personally appeared in Court in his application for orders of committal for contempt against the editor of the Wall Street Journal Asia, the managing editor of WSJA and Dow Jones Publishing Company (Asia)(the proprietor and the publisher of WSJA). The President can, on the advice of the Prime Minister, appoint one or more Deputy Attorneys-General.39 A Deputy Attorney-General performs duties of the Attorney- General assigned to him by the Attorney-General.40 He is subject to the general direction and control of the Attorney-General and is responsible to the Attorney-General for his performance.41 PART B3: The Legislature The Legislature 34 Article 31(1). 35 Article 33. 36 Article 35(1). 37 Article 35(7). 38 Article 35(8). 39 Article 35(A)(1). 40 Article 35(A)(4). 41 Article 35(A)(4). 11  The Structure and Nature of the Government (Academic Year 2024-2025) The Legislature consists of the President and Parliament.42 The word "Legislature" is derived from Latin "legis" meaning "law" and "latio" meaning "to propose". The word "Parliament" is derived from French "parler" meaning "to speak" and "parlement" meaning "a discussion". The legislative power of Singapore is vested in the Legislature.43 Legislative power means the power to make, amend and repeal laws. In addition, Parliament serves as the place where issues are raised and debated. Any Member of Parliament may introduce any Bill, propose any motion for debate in Parliament or may present any petition to Parliament.44 The Parliament consists of 3 types of Members of Parliament:- 1. The Elected Members of Parliament;45 2. The Non-constituency Members of Parliament;46 and 3. The Nominated Members of Parliament.47 The Elected Members of Parliament are returned at a general election by the constituencies. There are 2 types of constituencies that return elected Members of Parliament: the single constituencies and the group representation constituencies. A single constituency elects a single elected Member of Parliament. A group representation constituency elects a group of not less than 3 but not more than 6 elected Members of Parliament.48 A group representation constituency must have at least one elected Member of Parliament from the minority communities. This is to ensure the representation in Parliament of Members of Parliament from the Malay, Indian and other minority communities. The Non-constituency Members of Parliament are not returned at a general election by the constituencies. They do not exceed 12 in number and ensure the representation in Parliament of a minimum number of Members from a political party or parties not forming the Government.49 The Non-constituency Members of Parliament does not represent any constituency and may lack the base to build his political support. The Non- constituency Members of Parliament having lost the election may also be seen by some as not having the same level of authority as Elected Members of Parliament. 42 Article 38. 43 Article 38. 44 Article 59(1). 45 Article 39(1)(a). 46 Article 39(1)(b). 47 Article 39(1)(c). 48 Article 39A(1)(a). 49 Article 39(1)(b). 12  The Structure and Nature of the Government (Academic Year 2024-2025) The Nominated Members of Parliament are not returned at a general election by the constituencies. They do not exceed 9 in number and are appointed by the President in accordance with the Constitution50 to ensure a wide representation of community views in Parliament. They can contribute their expertise and experience in the relevant fields yet need not have to campaign for elections nor look after a constituency. As they are not elected, they need not worry as much about the majority votes and can give voice to the minority or marginalised or those who cannot vote (such as foreigners). As they are not elected, they can remain non-partisan, whether towards the government or the opposition. The Elected Members of Parliament and the Non-constituency Members of Parliament usually belong to political parties. A Member of Parliament from the ruling party or parties is called a government Member of Parliament. Members of Parliament from opposition parties are usually called opposition Members of Parliament. A Member of Parliament who does not belong to a political party is called an independent Member of Parliament. After the 2020 general election, the Singapore Government formally designated Mr Pritam Singh, Secretary-General of the Workers’ Party, as the Leader of the Opposition. Singapore’s legislatures have never had formal Leaders of the Opposition. The Leader of the Opposition leads the opposition in presenting alternative views in parliamentary debates on policies, Bills and motions and scrutiny of the Government’s positions and actions in Parliament. The Leader of the Opposition will also be consulted on the appointment of opposition members to Select Committees. In addition to his parliamentary duties, the Leader of the Opposition may be called upon to take on other duties such as attending official state functions and taking part in visits and meetings alongside members of the Government and the Public Service.51 A Member of Parliament is not prohibited from being actively engaged in commercial enterprises. It is not uncommon for Members of Parliament to run their own businesses or serve as company directors. A Member of Parliament, however, cannot hold any whole time office in the public service.52 Parliament elects the Speaker of Parliament.53 Whenever the office of Speaker is vacant otherwise than by reason of the dissolution of Parliament, Parliament cannot transact any business other than the election for a person to fill that office.54 The Speaker presides at 50 Article 39(1)(c). 51 Joint Press Release of the Office of the Speaker of Parliament and Office of the Leader of the House, “Duties and Parliamentary Privileges of Leader of the Opposition” https://www.parliament.gov.sg/docs/default-source/default-document-library/press-release-on-leader- of-opposition.pdf accessed on 30 July 2020. 52 Article 45(1)(c) read with the definition of "office of profit" in Article 2(1)("any whole time office in the public service"). 53 Article 40(1). 54 Article 40(1). 13  The Structure and Nature of the Government (Academic Year 2024-2025) each sitting of Parliament.55 A feature unique to Singapore is the Government Parliamentary Committees (GPCs). They are an initiative of the PAP and are not provided for in the Constitution:- “Introduced in 1987, GPCs are limited to MPs from the governing party. They monitor closely the policies of particular ministries. Assisting the GPCs are Resource Panels, comprising mainly experts and interested lay persons. The creation of the GPCs allows for greater participation by the backbenchers. They provide a wider range of views in Parliament and help Cabinet Ministers refine policies. They also serve as sounding boards and provide valuable feedback and suggestions to the relevant ministries on issues of public interest.”56 The conduct of the proceedings of Parliament and the despatch of its business are regulated by Standing Orders.57 Parliament may, from time to time, make, amend and revoke the Standing Orders. Parliament sometimes works through its Standing Select Committees and ad hoc Select Committees. As the discussion above shows, an Elected Member of Parliament shoulders responsibilities to various persons. First, an Elected Member of Parliament is responsible to the constituency that elected him or her into office. Second, an Elected Member of Parliament is responsible to the party that he or she is a member of or serves and under which banner he or she ran for office. Third, an Elected Member of Parliament is responsible to the whole country together with his or her fellow Members of Parliament. Fourth, if an Elected Member of Parliament is also the Prime Minister, a Minister or a Parliamentary Secretary, he or she is also responsible for governing the country. Fifth, an Elected Member of Parliament may also be responsible to his or her own conscience, values or beliefs or to other persons or groups. This can give rise to conflicts. Take the example of the Serangoon Gardens foreign workers dormitory dispute. In September 2008 about 1,400 residents in Serangoon Gardens signed a petition against the Government’s plan to house foreign workers in a former school in the neighbourhood. The petition was handed to George Yeo and Lim Hwee Hua, 2 of the Aljunied Group 55 Article 54. The Speaker is assisted by 2 Deputy Speakers of Parliament who need not be Members of Parliament (Articles 42(1) and 42(2)(a)). The Speaker is also assisted by the Clerk of Parliament and other staff of Parliament in the conduct of all matters related to the business and proceedings of Parliament and its Committees (Article 51(1)). 56 Speech by Prime Minister Goh Chok Tong at the Official Opening of the Commonwealth Parliamentary Association (CPA) 1999 Mid-Year Ex-Co Meeting, 4 May 1999, https://www.mfa.gov.sg/Newsroom/Press-Statements-Transcripts-and-Photos/2000/05/Speech-by- Prime-Minister-Goh-Chok-Tong-at-the-Official-Opening-of-the-Commonwealth-Parliamentary-Ass, accessed on 2 August 2020. Elgin Toh, "Backbench with front-line impact," Straits Times, 19 November 2017. 57 Article 52. 14  The Structure and Nature of the Government (Academic Year 2024-2025) Representation Constituency Members of Parliament and also then Minister of Foreign Affairs and a Senior Minister of State, respectively. The residents also voiced their displeasure in dialogue sessions and through other means. Should George Yeo and Lim Hwee Hua prioritise the interests of the Serangoon residents whom they represented or the interests of the PAP, the Cabinet, the country or their own convictions? As it turned out, they agreed with or followed the Government line and the Government went ahead with its plan. Some say that it contributed to the PAP’s loss of the Aljunied Group Representation Constituency to the Workers’ Party in the next general election in 2011. The Presidential Council for Minority Rights The Constitution provides for a Presidential Council for Minority Rights. The general function of the Presidential Council is to consider and report on matters affecting persons of any racial or religious community in Singapore referred to it by Parliament or the Government.58 Law-Making by the Legislature The power of the legislature to make laws is exercisable by Bills passed by Parliament and assented to by the President.59 The law-making process begins with a Bill. Although any single Member of Parliament can introduce a Bill, it is usually proposed by the Government through the relevant Ministry or Government Department and is drafted by Government legal officers. A bill not proposed by the Government is called a "private member's bill". An example of a “private member’s bill” is the Maintenance of Parents bill proposed by Dr Walter Woon, then a nominated Member of Parliament and a professor of law at the National University of Singapore. Parliament sometimes debates on the Bills. Some Bills, usually the minor ones, are not debated. Where required, the Ministers defend the Bill and answer queries raised by the Members of Parliament. After the first and second reading, the Bill stands committed to a Committee of the whole Parliament unless Parliament on motion commits it to a Select Committee.60 Examples of bills that were committed to Select Committees are the 2004 Building Maintenance and Management Bill and the 2017 Kwong-Wai Shin Free Hospital (Transfer of Undertaking and Dissolution) Bill. Thereafter, the Bill may proceed to the third reading, with or without amendments, where it is passed by Parliament. 58 Article 76(1). 59 Article 58(1). 60 Standing Orders of the Parliament of Singapore, Order 71. 15  The Structure and Nature of the Government (Academic Year 2024-2025) Two-thirds of the total number of votes cast by the electorate in a national referendum is required to amend the provisions in the Constitution on the sovereignty of Singapore.61 Two-thirds of the total number of elected Members of Parliament is required to amend the other provisions of the Constitution.62 Other than these exceptions, a question proposed for decision in Parliament is determined by a majority of votes of the Members present and voting. If the votes of the members are equally divided, the motion is lost.63 This applies to the passing of a Bill. The Presidential Council for Minority Rights (PCMR) scrutinises the Bills for any measures which may be disadvantageous to persons of any racial and religious communities. If the PCMR reports favourably, the Bill proceeds. If PCMR reports adversely, a two-thirds majority in Parliament is needed to override it. The Bill, then, proceeds for the President’s assent and is formally enacted as law called an Act of Parliament. PART B4: The Judiciary The Judiciary The judiciary means a body of judges. It is derived from Latin "iudicium" meaning "judgment". The judicial power of Singapore is vested in the Supreme Court and other subordinate courts.64 Judicial power means the power to interpret and apply the law, adjudicate legal disputes, and administer justice. Judicial power includes the power to check illegality of legislative and executive acts. The High Court observes:- "In essence, the judicial function is premised on the existence of a controversy either between the State and one or more of its subjects, or between two or more subjects of a State. The judicial function entails the courts making a finding on the facts as they stand, applying the relevant law to those facts and determining the rights and obligations of the parties concerned for the purposes of governing their relationship for the future."65 The word "court" is derived from the Old French word "cort" meaning "king's court, princely residence," which in turn is derived from the Latin word "cortem" meaning 61 Article 8(1). 62 Articles 5(2). 63 Article 57(1). 64 Article 93. 65 Mohammad Faizal bin Sabtu v Public Prosecutor 4 SLR 947. 16  The Structure and Nature of the Government (Academic Year 2024-2025) "enclosed yard," and by extension "those assembled in the yard; company, cohort". The Supreme Court The Supreme Court consists of the Court of Appeal and the High Court.66 The Court of Appeal consists of the Chief Justice and the Judges of Appeal.67 A Judge of the High Court, Senior Judge, International Judge and Judicial Commissioner may sit in the Court of Appeal on such occasion as the Chief Justice requires. The High Court is comprised of the General Division and the Appellate Division. The High Court consists of the Chief Justice and the Judges of the High Court.68 A Judge of Appeal, a Senior Judge or a Judicial Commissioner may sit in the High Court on such occasion as the Chief Justice requires. The Singapore International Commercial Court is a division of the Singapore High Court and part of the Supreme Court of Singapore. It hears claims of an international and commercial nature where the parties to the action have submitted to its jurisdiction under a written jurisdiction agreement. An International Judge may sit in the Singapore International Commercial Court on such occasion as the Chief Justice requires. The President appoints the Chief Justice, a Judge of Appeal, a Judge of the High Court, a Judicial Commissioner, a Senior Judge of the Supreme Court or an International Judge of the Supreme Court if he, acting in his discretion, concurs with the advice of the Prime Minister.69 The Chief Justice, the Judges of Appeal and the Judges of the High Court hold office until he or she attains the age of 65 years.70 A Judge of the Supreme Court, a Judicial Commissioner, a Senior Judge of the Supreme Court or an International Judge of the Supreme Court can only be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause, to properly discharge the functions of his or her office.71 The removal is by the President on the recommendation of a tribunal appointed in accordance with the Constitution.72 Meanwhile, the Judge can be suspended from the exercise of his function.73 The remuneration and other terms of office (including any pension or gratuity) of a Judge of the Supreme Court cannot be altered to his disadvantage after his appointment.74 This gives the abovementioned Judges some 66 Article 94(1). 67 Article 94(2). 68 Article 94(3). 69 Article 95. 70 Article 98(1). 71 Article 98(2) and (3). 72 Article 98(3). 73 Article 98(5). 74 Article 98(8). 17  The Structure and Nature of the Government (Academic Year 2024-2025) security of tenure. Judges may be appointed to serve after 65 years of age for a specified period.75 The Subordinate Courts There are a few courts subordinate to the Supreme Court. The Family Justice Courts consist of:- the Family Division of the High Court; the Family Courts; and the Youth Courts. The State Courts consist of:- the District Courts; the Magistrate Courts; the Coroners’ Court; and the Small Claim Tribunal. Employment Claims Tribunals One or more State Courts can be designated as Community Disputes Resolution Tribunals. Other adjudicatory bodies include:- The Copyright Tribunals. The Strata Title Boards. The Industrial Arbitration Court. The Syariah Court. Subordinate Courts judges do not enjoy as much security of tenure as the Judges of the Supreme Court. Judge Made Laws Laws are made by judges when deciding cases. It used to be said that judges do not make any law and that they only declare them. It is now accepted that judges do make law. Many areas of law are judge-made. Most of contract law and tort law are judge-made laws. These laws are made by the judges and not Parliament or other bodies. They are 75 Article 95(2). 18  The Structure and Nature of the Government (Academic Year 2024-2025) found in the judgments and grounds of decision of judges rather than Acts of Parliament or subsidiary legislations. PART B5: The Civil Service and Ministerial Departments Ministries and Permanent Secretaries Each Ministry has one or more Permanent Secretaries who are public officers.76 Permanent Secretaries are not to be confused with the Parliamentary Secretaries. Parliamentary Secretaries are politicians in that they must also be Members of Parliament whereas Permanent Secretaries are civil servants. Permanent Secretaries are appointed by the President (acting in accordance with the advice of the Prime Minister) from a list of names submitted by the Public Service Commission.77 The responsibility for the allocation of each Permanent Secretary to a Ministry is vested in the Prime Minister.78 A Permanent Secretary exercises supervision over the department or departments to which he or she is allocated subject to the general direction and control of the Minister.79 The relationship between Ministers and Permanent Secretaries has been described by Foreign Minister George Yeo as follows:- In the popular mind, the relationship between ministers and civil servants is often simplified in one of two extreme ways. In one, civil servants implement what their political masters want. That is the impression which good civil servants try to project, and maybe ministers, too, when there is credit to be gained. The opposite simplification is the one caricatured in the British satire 'Yes Minister', where the title belies the truth which is that civil servants manipulate their ministers and are the real masters. The real relationship between ministers and civil servants falls somewhere in between. It is not a static relationship. A new minister should take good counsel from his perm sec to avoid making unnecessary mistakes. A more experienced minister may know more about his 76 Article 34(1). 77 Article 34(2)(a). 78 Article 34(2)(b). 79 Article 34(3). 19  The Structure and Nature of the Government (Academic Year 2024-2025) portfolio than a new perm sec and so should give closer guidance to his civil servants. Depending on the ministry, the issues of the day, the relative experience levels, personalities and capabilities of the minister and the perm sec, that relationship can be at different points on the continuum between the two extremes. …… Our formal system is inherited from the British. It makes a clear distinction between political appointments and the permanent civil service. In practice, however, principally because the PAP has been the governing party since internal self-government in 1959 and independence in 1965, many aspects of Singapore's governance resemble the Chinese bureaucratic state ……., in particular, the practice of meritocracy in both the political and administrative elites. The induction of administrative talent into the PAP has become a Singapore hallmark, and likely to persist. In the Singapore reality, the formal British system is built upon what is essentially a Chinese political and cultural substrate. …….. Singapore of course is only three-quarter Chinese and has to be multi-ethnic in his deep structure. However, the dominant political culture remains recognisably Chinese.80 Some ministries have deputy permanent secretaries assisting the permanent secretaries. Government Divisions and Departments Below the permanent secretaries and deputy secretaries are the divisions and departments of the Ministries headed by their division or department heads called Senior Directors or Directors. The public servants working in ministries are called Civil Servants. Some Ministerial division or departments are actually quite large. For example, the Singapore Armed Forces is considered a division or department under the Ministry of Defence, the Singapore Police Force a division or department under the Ministry of Home Affairs and the Singapore Customs a division or department under the Ministry of Finance. PART B6: Statutory Boards 80 Speech By George Yeo, Minister of Foreign Affairs, at the launch of Ngiam Tong Dow’s ‘Dynamic of the Singapore Success Story’ on 19 November 2010 at 3.45 pm, retrieved from http://www.facebook.com/note.php?note_id=458254268615 on 23 November 2010. 20  The Structure and Nature of the Government (Academic Year 2024-2025) Statutory Boards The Government also acts through statutory boards. Statutory boards are legal bodies created by Parliament through Acts of Parliament. For example, the Competition and Consumer Commission of Singapore is constituted under the Competition Act, an Act of Parliament. Statutory boards perform their functions and duties specified in the Acts. To perform its functions, a statutory board is given legal powers under the Act. The powers can include powers to make regulations and enforce them. For example, the Competition and Consumer Commission is tasked to maintain and enhance efficient market conduct and to promote overall productivity, innovation and competitiveness of markets in Singapore. Its powers include powers to make regulations, prescribe and levy duties, conduct investigations and impose penalties. It can prohibit an anticipated merger, dissolve or modify mergers and require the disposal of operations, assets or shares. A statutory board is provided with the relevant personnel. A statutory board is usually headed by a Chairman and other members of the board. The board members can include ministers, civil servants, public officials, professionals, academics, business leaders, community leaders and trade union leaders. For example, the Economic Development Board has many business representatives on its board. A statutory board usually has a Chief Executive or Managing Director who is responsible for the day to day administration and management of its functions and affairs. The Chief Executive or Managing Director is assisted by other officers, employees, consultants and agents. An employee of a statutory board is a public servant. A statutory board can remunerate and deal with its employees differently from civil servants. A statutory board can have advisory boards or panels to give it advice. An example is EDB with its International Advisory Council. A statutory board is also given the necessary money and resources to perform its functions. Some statutory boards are self funding whereas some rely on Government funding. Examples of self funding statutory boards are IRAS (the Inland Revenue Authority of Singapore) and IPOS (the Intellectual Property Office of Singapore). An example of a non-self funding statutory board is the Economic Development Board. Statutory Boards’ Main Functions 21  The Structure and Nature of the Government (Academic Year 2024-2025) Statutory Boards perform 3 broad functions – (1) regulatory, (2) operational and the provision of goods and services, and (3) advisory. Some statutory boards perform one main function while others perform more than one function. An example of a statutory board's regulatory function is the regulatory function performed by ACRA (Accounting and Corporate Regulatory Authority) in regulating companies and auditors. An example of a statutory board's operational function is the provision of flats by HDB (Housing and Development Board). Examples of the advisory function of statutory boards are the Hindu and Sikh Advisory Boards that advise the Government on ethnic, community and religious matters. When a statutory board performs both the regulatory and operational functions, the functions can be compromised. The Committee of Inquiry appointed to inquire into the disruption of MRT train services on 15 and 17 December 2011 recommended that the regulatory arm of the LTA be separated from its operational arm. "If a service failure is partly attributable to a design or development fault [of the LTA], its regulatory role could be seen as less than impartial." It also recommended that the designing of the maintenance regime should be separated from the auditing of the regime. "Otherwise, it may find itself auditing a regime which it has a hand in designing."81 Given its powers and responsibilities, a statutory board usually comes under the direction of a Minister, who can give directions to the statutory board and has a say over the appointment of the main personnel of the statutory board and its budget. For example, the Competition and Consumer Commission comes under the direction of the Minister of Trade and Industry. A statutory board may also need to submit an annual report to the Minister who then submits it to Parliament. A statutory board may be subject to appeal processes under which the decisions of the statutory board can be challenged. The decisions of statutory boards can be challenged in the courts on relevant grounds and conditions. For example, an aggrieved person may appeal against a decision of the Competition and Consumer Commission to the Competition Appeal Board. An appeal against the decision of the Competition Appeal Board may lie to the High Court and then to the Court of Appeal. Ministries v Statutory Boards The roles of ministries and statutory boards overlap. Generally, ministries are more suitable than statutory boards in the following circumstances:- higher-level or more general policy formulation, planning, regulation and 81 Goh Chin Lian and Christopher Tan, "Design, maintenance audits, incident management posed problems; GPC head calls for separation of roles," Straits Times, 5 July 2012. 22  The Structure and Nature of the Government (Academic Year 2024-2025) governance confidential and sensitive matters non involvement of private persons less transactions in goods and services On the other hand, statutory boards are generally more suitable than ministries in the following circumstances:- when the focus is on a particular area or matter when it is advantageous to incorporate non-public servants into the board provision of goods and services when some distance from the government is desirable (eg religious matters) when flexibility in pay is required A statutory board usually has a specific area(s) of responsibility. However, when a number of statutory boards with similar sounding responsibilities are created, confusion can arise. For example, Singapore has the Home Team Science and Technology Agency, Government Technology Agency (GovTech), Agency for Science, Technology and Research (A*Star) and the Defence Science and Technology Agency (DSTA). Transfer of Functions between Ministries and Statutory Boards The transfer of the functions from a department under a ministry to a statutory board is called corporatisation. The word “corporate” in “corporatisation” refers to the body corporate such as a statutory board to which the functions of the department (which is not a body corporate) are transferred to. An example is the corporatisation in 1999 involving Public Works Department (“PWD”), a department under the Ministry of National Department. The regulation of building works and the promotion of the development of the construction industry were transferred from PWD to a new statutory board, the Building and Construction Authority (“BCA”). The more specific regulatory functions relating to building works were transferred to BCA while the Ministry of National Development retained its higher-level regulatory responsibilities. The move was part of the Government’s effort to devolve the non-policy and nonregulatory functions from the Ministries and departments. The Ministries will focus on their core functions such as planning and regulation. Conversely, the transfer of the functions from a statutory board to the ministry is called “departmentalisation”. PART B7: The Public Service 23  The Structure and Nature of the Government (Academic Year 2024-2025) The Public Service In Singapore “Civil Servants” refer to those who work in the ministries and certain organs of state. Civil Servants form a part of the Public Service. Non-Civil Servants form the rest of the Public Service, such as officers working in statutory boards, the armed forces, police, other uniformed groups and government hospital doctors and nurses. The Public Servants therefore include both Civil Servants and Non-Civil Servants and form the Public Service. They assist the Prime Minister and Ministers in performing their functions. As at 2022 the Singapore Public Service employs about 153,000 officers in 16 Ministries and more than 50 Statutory Boards, with about 87,000 Civil Servants.82 The highest ranking civil servant is the Head of the Civil Service. The Public Service is headed by the Administrative Service and the Public Service Leadership Program. The Administrative Officers in the Administrative Service have more general expertise and experience requiring whole-of-government perspectives and involving multiple domains. The Public Service Leadership Program has domain experts and specialists in specific areas, such as the Director of Medical Services or the Accountant General. In Singapore promotion in the public service is generally based on character, merit and effectiveness rather than seniority or mere academic achievements. Political Leaders and Public Servants The political leaders are responsible for overall leadership and governance such as leading, persuading and rallying the people, deciding on the more important policies, providing for the direction for the country and ensuring that the policies are implemented. The Public Service, on the other hand, assists the political leaders in discharging their responsibilities and in implementing the decisions and policies of the political leaders. Formerly, Singapore public servants are not expected to be good in public relations.83 It is now a key part of the work of the public service as it engages with the public. This includes the delivery of service in the spirit of mutual respect and courtesy and according to high service standards and listening to alternative views from the public. Whatever the roles, the Public Service needs to be competent and clean. A Public Service that is incompetent and corrupt means a badly run Government. Deputy Prime Minister Teo Chee Hean describes the relationship between ministers and 82 https://www.careers.gov.sg/who-we-are/the-public-service (accessed 25 July 2022). 83 Eddie Teo, "Values that stand the test of time in public service," Straits Times, 28 April 2015. 24  The Structure and Nature of the Government (Academic Year 2024-2025) senior civil servants as follows:- “The relationship between ministers and senior civil servants is one of partnership and mutual respect. The country does not work if one side of this partnership fails. If you have poor political leadership and a good civil service, a country cannot run properly… Poor decisions may be made for political expediency. The civil service will deteriorate or, if the policies are bad, the country deteriorates. Neither can a country function if there are good and inspired politicians, but the civil service is not good enough as an instrument for policy delivery.”84 How the Public Service should relate to the elected politicians has been much debated. In reality different types of relationship can be observed: In one type of relationship, the Public Service carries out the dictates of the elected politicians. In this relationship the Public Service serves as an extension of the elected politicians in implementing and furthering the policies and wishes of the elected politicians. In another type of relationship, the Public Service is seen to be independent of the elected politicians. In this relationship, there is a conception of what the Public Service should and should not do and the correct way in which the Public Service should relate to the elected politicians. In yet another type of relationship the Public Service exercises influence over the elected politicians. This can happen when the elected politician has inadequate expertise in the matter. In yet another type of relationship, the Public Service fails to assist or implement the decisions or policies of the political leaders. It is not uncommon for different types of relationships to occur in the same Government. PART B8: Government Companies Government Companies 84 Lee Siew Hua, “Of safe havens, mistakes and meting pots,” Straits Times, 9 May 2009. 25  The Structure and Nature of the Government (Academic Year 2024-2025) Government companies are companies owned, either wholly or substantially, by the Government. They are referred to as State-Owned Enterprises (SOEs) or Government- linked Companies (GLCs). Because they are controlled or influenced by the Government, they are sometimes considered as extensions of the Government. The control and ownership can be direct or indirect. Examples of GLCs are the Government Investment Corporation Pte Ltd (GIC), MND Holdings Pte Ltd, Temasek Holdings Pte Ltd, Singapore Pools and PSA Corporation Ltd. These Government companies, in turn, can own and control other companies, listed and unlisted. Some GLCs are profitable businesses and compete in the market place just like any other privately owned companies (eg. Temasek Holdings (Private) Limited). Some GLCs are not profitable and need to be subsidised by the Government. They operate in the form of companies so that their operations can run along business lines. Examples of such GLCs are the restructured hospitals (eg. Singapore General Hospital Pte Ltd). They are subsidised by the Government but attempt to remunerate their medical staff as close to market wages as possible. GLCs, whether profitable or not, perform public functions. Statutory Boards and Government Companies Although there is some overlap between the functions of statutory boards and GLCs, generally, government companies are more suitable than statutory boards in the following situations:- when operations should be conducted on commercial or profitable basis when managers and workers need to be remunerated on commercial basis when goods and services are provided on competitive basis when goods and services are provided on differing pricing and terms to different customers and recipients when independence from the government is desired when regulatory powers should not be vested in it or when the government company should be free of regulatory responsibility to focus on its commercial operations when operations are conducted overseas Statutory boards, on the other hand, are more suitable for the opposite reasons. A statutory board may be more suitable when the goods and services are to be provided on non-commercial basis. An example is the provision of HDB flats by the Housing and Development Board which sells the flats at less than market value or sells them to targeted buyers rather than to those who can pay more. Consequently, the pressure on a statutory board to be profitable might not be as high as the pressure on a GLC to do so. A statutory board may be more suitable when the goods and services are to be provided 26  The Structure and Nature of the Government (Academic Year 2024-2025) fairly and without undue discrimination. For example, the Civil Aviation Authority of Singapore as a statutory board in charge of Changi Airport might be expected to be fair to all but the Changi Airport Group as a GLC responsible for the operations of Changi Airport may have more leeway in working with airlines and other partners in a more personal and customised way.85 Transfer of Functions between Statutory Boards and Companies The process of transferring some functions from a department under a Ministry or a statutory board to a company (usually a GLC) is also referred to as “corporatisation”, the same term encountered above in the transfer of functions from a department under a ministry to a statutory board. However, here the body corporate to which the functions are transferred to is a company as opposed to a statutory board. Conversely, the transfer of functions from a company to the statutory board is called “decorporatisation”. An example of the transfer of functions from a department under a ministry to a GLC is again the 1999 corporatisation of PWD discussed above. In the 1999 corporatisation, some functions of PWD were transferred out to a new company called PWD Corporation Pte Ltd, which was wholly owned by Temasek. These functions were non-regulatory such as the provision of engineering and architectural consultancy services, estate management services and the development of building projects.86 An example of the transfer of functions from a statutory board to a GLC is the 2009 corporatisation involving the Civil Aviation Authority of Singapore (“CAAS”), the statutory board responsible for Changi Airport. Before the 2009 corporatisation of CAAS, both the regulatory and operational roles were performed by CAAS. In the 2009 corporatisation, the operational roles were transferred from CAAS to the newly formed Changi Airport Group, leaving CASS to focus on its regulatory and planning roles. PART B9: Companies Exercising Public Functions Companies Exercising Public Functions 85 Karamjit Kaur, “Changi’s air links nearly double, a decade after creation of CAG,” Straits Times, 1 July 2019. 86 KOK KING MIN, “Implications of the Corporatisation of the Public Works Department, Singapore and Challenges for Singapore Construction Consultancy Organisations in the New Millennium,” https://pdfs.semanticscholar.org/6d7f/8b3a8dbc1833cecd40264ccb983bb896975d.pdf accessed on 31 July 2019. 27  The Structure and Nature of the Government (Academic Year 2024-2025) Some privately owned companies exercise public functions as well. Because of their hybrid nature there may be times when it is not clear whether a particular function they are performing is a public function or not. For example, the Singapore Exchange (SGX) is not a Governmental body, statutory board or a GLC as it is own largely by private parties, but it regulates listed companies. When SGX reprimanded Yeap Wai Kong publicly in his role as an independent director of China Sky Chemical Fibre, an issue arose as to whether the reprimand was an exercise of a public or private function. The court held that the reprimand could be properly characterised as a public function and could, therefore, be reviewed by the court. PART B10: Other Government Bodies Town Councils A Town Council is a body corporate established in respect of a Town. A Town is an area comprising a constituency or a combination of 2 or 3 constituencies. Constituency means an electoral division under the Parliamentary Elections Act. A constituency can be a single constituency or a group representation constituency. The function of a Town Council is to control, manage, maintain and improve the common property of the residential and commercial property in a Housing and Development Board housing estate within the Town. The Town Council is headed by a Chairman. If the Town is a single constituency, the Chairman is the Member of Parliament for that constituency. If the Town is a combination of 2 or 3 constituencies or a group representation constituency, the Chairman is one of the elected Members of Parliament for the constituencies or group representation constituency. Apart from the Chairman, the other members of the Town Council are the other elected Members of Parliament, if any, and other members appointed by the Chairman. The Chairman also appoints 2 Vice Chairmen from the other members. A Town Council's powers include the powers to make by-laws for regulation of housing estates, levy conservancy and service charges and borrow and invest its funds. Community Development Councils and other Organisations under the People’s Association Community Development Councils are established by the Board of Management of the 28  The Structure and Nature of the Government (Academic Year 2024-2025) People’s Association (a statutory board). In all, Singapore is divided into 5 Districts, with one Community Development Council (CDC) for each District. A CDC consists of a Chairman (called a Mayor) and other office holders. The functions of the CDC is to foster community bonding, strengthen social cohesion amongst the people of Singapore, administer new community and infrastructural projects and administer Government assistance schemes for deserving residents of the District. The other parapolitical organisations include the Management Committees of Community Centres, Residents Committees and the Citizen Consultative Committees. Other Government Agencies, Bodies and Offices Space does not permit a discussion of other governmental bodies or institutions such as the Auditor General,87 the Public Service Commission,88 the Legal Service Commission89 and other bodies and organs of state. PART B11: Subsidiary Legislations Subsidiary Legislations Apart from the laws made by the Legislature and the case laws made by the Judiciary, laws can be made by persons or bodies empowered to do so by the Legislature. The laws made by those empowered are called subsidiary legislations. The powers to make laws are given to them by the Legislature in the form of Acts of Parliament (called parent Acts). A subsidiary legislation must comply substantially or procedurally with the parent Act. If not, the subsidiary legislation is ultra vires (i.e. beyond the powers of) the parent Act. A subsidiary legislation made under a parent Act is usually published in the Gazette and comes into operation on the date of its publication.90 Here are some examples of subsidiary legislations:- 87 The Auditor General audits and reports on the accounts of various departments and offices of the Government, public authorities, the Public Service Commission, the Legal Service Commission, the Supreme Court, all Subordinate Courts, Parliament and other bodies administering public funds. 88 The Public Service Commission appoints, confirms, emplaces on the permanent or pensionable establishment, promotes, transfers, dismisses and exercises disciplinary control over public officers. 89 The Legal Service Commission appoints, confirms, emplaces in the permanent or pensionable establishment, promotes, transfers, dismisses and exercises disciplinary control over officers in the Singapore Legal Service. 90 Section 23(1) of the Interpretation Act; Cheong Seok Leng v PP 2 MLJ 481. 29  The Structure and Nature of the Government (Academic Year 2024-2025) 1. The Legislature has given powers to the Monetary Authority of Singapore under the Monetary Authority of Singapore Act to make subsidiary legislations within the scope of the Act with the approval of the President. One of the regulations that the Monetary Authority of Singapore has made is the Monetary Authority of Singapore (Anti-Terrorism Measures) Regulations. The object of the Regulations is to give effect to certain Resolutions of the Security Council of the United Nations. In this case the parent Act is the Monetary Authority of Singapore Act and the Monetary Authority of Singapore (Anti-Terrorism Measures) Regulations is the subsidiary legislation. 2. The Legislature has given powers to the Maritime and Port Authority of Singapore under the Maritime and Port Authority of Singapore Act to make subsidiary legislations with the approval of the Minister. One of the regulations that the Maritime and Port Authority of Singapore has made is the Maritime and Port Authority of Singapore (Port) Regulations. The object of the Regulations is to regulate the use of the port. In this case the parent Act is the Maritime and Port Authority of Singapore Act and the Maritime and Port Authority of Singapore (Port) Regulations is the subsidiary legislation. 3. The Legislature has given powers to the Housing and Development Board under the Housing and Development Act to make rules with the approval of the Minister. One of the regulations that the Housing and Development Board has made is the Housing and Development (Common Property and Open Spaces) Rules. In this case the Housing and Development Act is the parent Act and the Housing and Development (Common Property and Open Spaces) Rules is the subsidiary legislation. Self Regulation Some areas are subject to self-regulation. The rules are drawn up by the industry or profession under the ultimate oversight of the government. An example is Singapore’s advertising industry. Asas, an advisory council under the Consumers Association of Singapore, administers the Singapore Code of Advertising Practice, which is approved and adopted by the advertising industry’s key stakeholders. PART C: CHARACTERISTICS OF THE SINGAPORE GOVERNMENT 30  The Structure and Nature of the Government (Academic Year 2024-2025) Below are some of the characteristics of the Singapore Government. Sovereign Republic Singapore is a sovereign republic.91 As a sovereign state, Singapore has supreme authority over its territory. As a republic it has no royalty, unlike countries such as Japan, Great Britain, Malaysia and Thailand. The Government has power to acquire, hold and dispose of property and to make contracts.92 The Government can also sue and be sued.93 Constitutional Government The Singapore Government is a constitutional government. The Constitution lays down the powers and limits of Government. For example, provisions of fundamental liberties are provided in the Constitution to protect the rights of the people. These fundamental liberties are intended to be adhered to by the Government and serve as a limit on the exercise of Governmental powers. The Secular Nature of the Government The Singapore Constitution does not provide for a state religion, unlike countries with official religions. In that sense the Government can be considered formally secular. However, the Government has responsibilities pertaining to religion and race and needs to take religion into account when governing. For example, the Constitution imposes responsibilities on the Government to constantly care for the interests of the racial and religious minorities in Singapore.94 The position of the Malays, who are the indigenous people of Singapore, are expressly provided for. The Government must exercise its functions in such manner as to recognise the special position of the Malays, and must protect, safeguard, support, foster and promote their interests and the Malay language.95 While the Singapore government is not free of religious responsibilities and involvement, it can be described as formally secular, in that no religion is preferred. Separation of Powers 91 Article 3. 92 Article 37(1). 93 Article 37(2). 94 Article 152(1). 95 Article 152(2). 31  The Structure and Nature of the Government (Academic Year 2024-2025) As seen above, the Government of Singapore is divided into the executive, legislative and judicial branches. This is “based on the doctrine of the separation of powers (as modified to accommodate the Westminster model of parliamentary government)”.96 The Westminster model refers to the British model which Singapore has inherited. Separation of powers means that the powers of Government are not exercised by one person or one body alone but by separate bodies (the branches of Government). If power is concentrated in the hands of only one person or a small group of people, power can be abused. "Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."97 If there is separation of powers, there can be more checks and balances among the branches of government. In Singapore, separation of powers is effected by vesting executive authority (or power) in the Executive, legislative power in the Legislature and judicial power in the Judiciary. Where the separation of powers is pure, the different branches of Government are completely segregated. In Singapore the separation is not considered “pure”. The Singapore President is not only the Head of State. He also has executive authority and legislative power vested in him. The Singapore Prime Minister, Ministers and Parliamentary Secretaries are also Members of Parliament. They occupy positions in both the Executive and the Legislative branches of Government. The Prime Minister and his colleagues normally control both the Executive and the Legislative branches of Government, except in the case of a minority government or where the ruling party or coalition is split on an issue. The advantage is that the executive branch is given a freer hand in governing but there is less check and balance on the executive branches of government Under the separation of powers the judiciary is meant to be independent from the executive and legislative branches of government. A related concept is “check and balance”. A branch of government can check on the other branches of government. For example, in the case of Singapore, the President has certain veto powers and can serve as a check on the Executives. The Legislature can check on the Executive to ensure that the Executive branch is discharging its duties competently. The Legislature can also check on the Judiciary by removing a Judge(s) if conditions are fulfilled and pass laws to override case laws made by the Judiciary, where appropriate. The Judiciary can also check on the Executive branch where relevant. If the Executive does not follow the law, the Judiciary can strike down the decision or action. The Judiciary can also check on the Legislature by striking down laws enacted by the Legislature that do not comply with the Constitution. 96 Chan Sek Keong J (as he then was), Cheong Seok Leng v Public Prosecutor 2 MLJ 481 at 487F. 97 A quotation by Lord Acton (John Emerich Edward Dalberg Acton, first Baron Acton (1834–1902)) in a letter to Bishop Mandell Creighton in 1887. 32  The Structure and Nature of the Government (Academic Year 2024-2025) Democratic form of Government The legislative and executive branches of the Singapore government are elected by the electorate. Democracy, functioning properly, can allow for the peaceful change of government and accountability to the electorate. For a democracy to function properly there must be free and fair elections, an enlightened electorate and good leaders. A democracy is only as good as the prevailing electorate and the leaders that they elect. A democracy can have frequent changes in government (for example in Australia and the U.K.). As a result the government may be hampered in its long term planning and may not be able to carry out consistent policies over a longer time frame. On paper the authority of democratic governments rests on the will of the people or the electorate. In Singapore, for example, the 2 lines of state authority can be traced to the electorate. The first line of authority vests in the President who is elected or deemed elected by the people. The elected President exercises power as a representative of the people. The second line of authority vests in the Parliament whose Members are elected or deemed elected by the people. The Members of Parliament by a majority appoint the Prime Minister, who is assisted by the Ministers and Parliamentary Secretaries, who are also elected Members of Parliament, to govern the country. The Members of Parliament can also appoint and empower other bodies or persons, such as public officers and statutory boards, to help govern the state, usually under the supervision and direction of the Prime Minister or a Minister. The political officeholders and the public officers act directly or indirectly under the elected leaders, who in turn are accountable to the people. Democracy has its drawbacks, however:- In a democracy the electorate elects the leaders but the electorate can only influence policies indirectly by influencing the elected. The electorate can vote out a candidate who does not act according to its wishes but that means the displeasure of the electorate must be strong enough over the issue. It may not be practical for the electorate to decide on an issue. Elections only take place in intervals of a few years. In an election a plethora of issues are debated on. Voters are not able to cast votes on any single policy. Issues that arise in between elections are not subjected to debate. The issues may be urgent and need to be resolved before the next election. Some issues may be too minor for the electorate 33  The Structure and Nature of the Government (Academic Year 2024-2025) to vote on. The electorate is therefore not given the opportunity to formally vote on it. It may not be desirable for the electorate to decide on an issue. Some issues are too technical. Some issues should be decided not according to the dictates of the majority but by objective criteria not subject to pressure from the public. It is for this reason that legal issues are decided by judges who are not elected. For example, Socrates, the philosopher, was sentenced to death by the vote of a jury of 500 Athenians. The majority can also oppress the minority. Political leaders prioritise the interests of the majority leading to populism. Elected leaders have certain stands on a bundle of issues. When the electorate elected the leaders, the electorate has to accept the leaders stands on all the issues even though the electorate may disagree with some of the stands. The electorate may have rejected a particular stand if voted on separately. A sizable minority can at times frustrate the will of a majority. This is when the majority is slim or a minority wields substantial power. For example, in Thailand the military may be a minority in terms of votes but it has enough power to block the policies of the elected leaders. Certain sectors in a country, such as the oil or minerals industry, may be strong enough to influence policies in their favour. Due to the drawbacks, the government adopts other means of policy making, where necessary. First, the government may adopt policies based on agreements reached with the relevant parties or interest groups directly. For example, government policy on a social or environmental issue may be based on an agreement reached with the relevant social or environmental groups. Similarly, in the business domain the government may seek consensus or compromise with the relevant business groups. This is in contrast to decision making by democratic means where policies are decided through the ballot box. Second, the government may adopt policies based on corporatism. Corporatism is an arrangement where the Government and relevant interest groups, such as labour groups and business groups, work together through negotiations, accommodations or compromise to arrive at a decision or policy. Third, the government may adopt policies based on pluralism. In pluralism policies are reached after contentious political debates or activism involving various competing groups. Fourth, government policy may be decided by the political leaders themselves with little involvement of the electorate or other interest groups. For example, political leaders can exercise control over the party. By using the "party whip", Members of Parliament of the same party are required to vote along party lines. In formally democratic but autocratic 34  The Structure and Nature of the Government (Academic Year 2024-2025) countries, policy may be decided by a dominant leader or a dominant group of leaders. As a result the policy may not accord with the wishes of the majority. Fifth, issues may be decided by specialist bodies that are insulated from the electorate. The judiciary is an example of this. Another example is the independent central banks of some countries. PART D: OTHER GOVERNMENTS Here we will look at the other major types of government. We shall look first at democratic governments followed by non-democratic governments. Parliamentary System of Government Democratic governments have elected leaders. In parliamentary systems, like in the case of Singapore, the leader of the executive branch of government is also the leader of the legislative branch of government. When the prime minister commands the confidence of a majority of the members of parliament, the prime minister is able to lead both the executive and the legislative branches of government, giving him a strong hand in policy making and implementation. Examples of other countries with a parliamentary system of government are the United Kingdom, Japan, Malaysia, India and Thailand. In some parliamentary systems the legislature is bicameral which means that it is divided into two separate assemblies, chambers or houses. The UK has a bicameral legislature comprising of the House of Commons and the House of Lords. Singapore's legislature is unicameral. A parliamentary system can have another leader in addition to the Prime Minister. This other leader is usually called the head of state as opposed to the Prime Minister, the head of Government. The head of state in a parliamentary system usually has relatively limited powers and can take different forms, such as: a monarch, as in the United Kingdom, Japan, Thailand and Malaysia a president, as in Singapore and India a governor as in Australia and Canada. 2 "co-princes" as in Andorra, a small state located between France and Spain, which has as co-heads of state, the President of France and the Bishop of Urgell. 35  The Structure and Nature of the Government (Academic Year 2024-2025) The Presidential System of Government The other major form of democratic system is the presidential system of Government. Examples are the presidential systems of the United States, Russia and Indonesia. A presidential system usually has a President who functions as the head of the executive branch of government. He is usually not concurrently a member of the legislative branch of government. In the United States, the President is the elected head of the executive branch of the US government but he is not a member of Congress, the legislative branch of the US government. The US Congress is divided into the Senate with its Senators and the House of Representatives with its elected Representatives. The US Congress is separate from the executive branch of the US government. The separation of powers is “pure”. There may be more check and balance on the President but the President may find it difficult to persuade Congress to pass laws that the President wishes to enact. The advantage of the presidential system is that the President can appoint any person he considers suitable to serve as Ministers (called Secretaries in the US), subject to the approval of the Senate. They need not be elected politicians, unlike the case of the parliamentary system of government where only Members of Parliament can be appointed as Ministers. Consequently, the Ministers (or Secretaries) can be appointed from a wider pool of people. Another advantage of the presidential system is that the President normally serves for a fixed term of office. Except for certain limited circumstances, such as impeachment, he does not lose office mid-term in the way a Prime Minister of a parliamentary system can if the Prime Minister loses the confidence of a majority of the Members of Parliament. Undemocratic forms of Government Undemocratic governments on the other hand, such as China, Cuba and North Korea, do not have leaders who are elected by the electorate. In some undemocratic countries, the constitution provides for democracy on paper but in reality the leaders are not elected but come to power through other means. The major types of undemocratic system of government include the following:- Communist governments. Examples are China, North Korea, Vietnam, Laos and Cuba. Power vests in the Communist Party and the leaders of the Communist Party. Their source of power is the party. Monarchies. Examples are Brunei, Saudi Arabia, Oman and Qatar, with the monarchs exercising varying degrees of power. Some of the first monarchs of dynasties came to power by military might, such as William the Conqueror, who 36  The Structure and Nature of the Government (Academic Year 2024-2025) conquered England in 1066, and John III Sobieski, elected king of the Polish– Lithuanian Commonwealth after his victories over the Ottoman Empire in the 17th century. Earlier examples include Augustus Caesar, who became the first emperor of imperial Rome after Mark Anthony committed suicide following his defeat at the battle of Actium and Emperor Zhu Yuanzhang, a peasant who founded the Ming Dynasty after overthrowing the Yuan dynasty. Some monarchs claimed to be divine. Europe used to be ruled by monarchs but most have lost power after World War 1. Most monarchs are ceremonial heads of states. They reign but do not rule. Power passes to their descendents or relations. Military dictatorships. Examples are Fiji and Libya under Muammar Gaddafi. Their source of power is military. Religious states. Examples are the Vatican and Iran under Khomeini. Their source of power is religious. Federal States States can be divided into federal states and unitary states. A federal state is a union of partially self-governing states under a federal (central) government. Examples of federal states are USA, Russia, Germany, Brazil, and Australia. In a federal state, some powers are exercised by the federal government, with the remainder by the states. For example, in USA foreign policy, defence and currency are handled by the federal government. Unitary States In a unitary state, the state does not have any self-governing states in it. Any self governing or autonomous area does not impact too much on central authority. Unitary states can be large or small. Where a unitary state is large, such as China, the state can be divided into provinces or regions, which are not self-governing states. Examples of large unitary states with provinces are China, Canada, France and Indonesia. Confederation Lying somewhere in between the federal state and unitary state is the confederation, a union of sovereign states formed for a common purpose, such as the European Union. The European Union The European Union (EU) is a project to unify the European states. It currently has 27 member states. The United Kingdom recently left the EU. The main EU political 37  The Structure and Nature of the Government (Academic Year 2024-2025) institutions can be compared with those of the presidential and parliamentary systems:- The EU legislature is formed by the European Parliament and the Council of the European Union (sometimes referred to as the Council of Ministers). It is analogous to a bicameral legislature. The members of the European Parliament are elected by EU citizens while the Council of the European Union consists of government ministers from the member states. The President of the European Parliament is analogous to a parliament speaker. The European Parliament is more akin to the legislature of a presidential system as there is more separation of powers between it and the executive branch. The European Parliament exercises some control and supervision over the European Commission. The European Council defines the EU's overall political direction and priorities and sets the EU's policy agenda. It is not one of the EU's legislating institutions. The members of the European Council are the heads of state or government of the 27 EU member states, the President of the European Council and the President of the European Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in European Council meetings when foreign affairs issues are discussed. The President of the European Council is analogous to the President. He presides over and drives forward the work of the European Council, and serves as a principal representative of the European Union (EU) on the world stage. The European Commission is the EU's executive branch. It is responsible for initiating legislation and the day-to-day running of the EU. It has 27 commissioners with various portfolios, one of whom is the President of the European Commission The President of the European Commission heads the European Commission and is analogous to the prime minister of a parliamentary system. The Court of Justice of the European Union is the EU's judicial branch. The EU is a work in progress and integration is partial. There is a European Central Bank but its power is relatively limited. The EU has no military of its own, no taxation powers and does not represent the member states in foreign policy. There is some resistance from the individual states to handing more power to the central bodies. There is free flow of people and capital within the EU but regulations are not fully uniform and the adoption of the Euro as a single currency has been partial. The Judiciary of other Countries Most modern states have judiciaries which are separate from the executive and legislative branches of government. In some countries, such as the U.S. and U.K., the 38  The Structure and Nature of the Government (Academic Year 2024-2025) judiciary is relatively independent from the influence of the executive and legislative branches of government. In other countries the judiciary is less independent and more susceptible to influence from the executive and legislative branches of government. In China, Zhou Qiang, the President of the Supreme People's Court (China's top judge) has expressly rejected judicial independence.98 Lower Levels of Government Whether a state is democratic or undemocratic, fede