Two cornerstones that form the backbone of Singapore's legal system include
jurisdiction and the legal framework. These two aspects play a vital role in
maintaining the rule of law and ensuring that everyone is treated fairly and
equally. Jurisdiction in Singapore involves courts' authority to resolve legal
disputes, whereas the legal framework consists of laws, statutes, regulations,
and case law governing civil and criminal matters. In unison, these factors
create a solid foundation for conflict resolution, upholding rights, and
fostering social peace.
The system of Singaporean law is based on English law and customs, as the nation
was founded in 1819 by Sir Stamford Raffles and served as a prominent trading
harbor linking Europe with the Orient. After attaining self-governance in 1959
and subsequently separating from Malaysia in 1965 to establish itself as an
independent state, Singapore has developed its own distinctive legal order that
reflects the values held by its society and the dynamism of its economy. Yet, it
has always had its share of British common law influence. As one of the members
of the Commonwealth, Singapore follows distinct case laws including contract,
tort, and restitution.
Over the last thirty years, Singapore has shown remarkable differences from
England and Wales in the areas where local legislation predominates, especially
corporate law, criminal law, and evidence. Singapore courts still adhere to
English case law.
The legal structure of Singapore has been organized into the Legislature,
Executive, and Judiciary. The Parliament is the people's representative who are
elected by the people to enact laws in accordance with their will. Singapore is
unique among parliamentary democracies in that it operates a hybrid system with
elected and non-elected Members of Parliament (MPs). However, non-elected MPs
are allowed only to vote on financial bills, non-constitutional issues, or
motions of no-confidence against the government.
The President acts as the head of the Executive, and this organ encompasses the
Cabinet, which in turn is accountable to the Parliament and formulates the
government's overall policy. The members of the cabinet are selected from among
deputies, which means there is not even an absolute separation of powers between
branches such as Legislative and Executive.
The Prime Minister of Singapore holds the highest executive position in the
country. Being in this role involves steering the government's daily tasks,
charting policy direction, and ensuring coordination among ministries and
agencies. Policy formulation, economic management, and social development are
key areas where the Prime Minister takes a leading role in addressing
Singapore's economic, social, and political needs.
Moreover, he represents Singapore as a nation globally by building diplomatic
relations with other countries and pursuing its own interests in international
forums. Not only does he guarantee the security of the country, but he also
supports economic development with measures directed to improve social welfare
issues as part of his commitment to the general welfare for all citizens of
Singapore. As a result, the Prime Minister's strategies steer Singapore's path
towards sustainability while simultaneously enhancing the quality of life for
its people.
The structure of Singapore's political system ensures that the Prime Minister
and the President operate in different domains with distinctive mandates. As the
head of government, the Prime Minister controls executive powers and functions
to lead the administration, formulate policies, and supervise governance.
Conversely, the President holds executive powers as the head of state but is
mainly ceremonial with some oversight responsibilities.
When it comes to the areas of public affairs and state functions, or the choice
of key personnel for certain offices, both officials can be found in a common
sphere of collaboration. Yet, on other occasions, their association is defined
mostly by different institutional boundaries as well as mutual respect for their
separate functions. The Prime Minister concentrates on the macro-level economic
issues while the President takes care of safeguarding Singapore's financial
resources, ensuring transparency in government administration, and the
appointment of high-ranking officials.
As a whole, the relationship between the Prime Minister and President in
Singapore features more balanced powers and work-sharing, as the two office
bearers have different functions to maintain the functionality of the
Singaporean government and continue to uphold Singapore's stability and
development.
The legal system in Singapore is highly advanced and includes the State Courts
as a tier in its structure. The State Courts consist of District Courts,
Magistrates' Courts, Coroner's Court, Employment Claims and Small Claims
Tribunals, and the Court Mediation Centre. District Courts are responsible for
civil matters where disputed amounts are less than $250,000. Magistrates' Courts
deal with cases under $60,000, while Small Claims Tribunals cater to those below
$10,000.
Established in 2014, the Family Justice Courts (FJC) is an organization that
functions as a specialized legal body for family-related affairs. The FJC
comprises the Family Division at the High Court level, the Family Courts, and
also the Youth Court. The FJC works by taking up cases like divorce, matrimonial
and family violence, adoption and guardianship, youth court matters,
applications for deputyship under the Mental Capacity Act, probate, and
succession.
Singapore follows a two-tier judiciary system, where the Supreme Court
represents the second level of judiciary. The Supreme Court is made up of two
courts: the High Court and the Court of Appeal, with the latter being the
highest court in Singapore. These two courts have jurisdiction over criminal
cases and civil claims exceeding $250,000. The President appoints the Chief
Justice, Judges of Appeal, Judges, and Judicial Commissioners based on
recommendations from the Prime Minister.
The judicial system, though a well-implemented mechanism for delivering justice,
has acknowledged its limitations in being the sole resolver of all disputes; it
is recognized that alternatives to court litigation, including arbitration and
mediation, need to be provided. Singapore is one of the world's most prominent
international financial centers and has proactively recognized this business
need to provide fast, inexpensive, and sometimes confidential alternative
mechanisms for the resolution of business disputes.
It has successfully positioned itself as a major international arbitration hub
like London or Hong Kong. Today, Singapore houses several large arbitration
firms while also boasting state-of-the-art facilities offering comprehensive
services catering to any arbitral needs.
Another possible approach to resolving the issue through mediation is to rely on
lesser conflicts that do not involve life and death matters. The State Courts
and the Singapore Mediation Centre are among the preferred channels for
mediation. The government and industry also have other efforts which include the
Maintenance of Parents Tribunal, Community Mediation Centre, and Consumers'
Association of Singapore.
Criticism:
The legal system in Singapore has been critiqued in different spheres. The
primary point of controversy involves the restrictions on freedom of speech and
assembly, with laws such as the Public Order Act and POFMA that are perceived to
be curbing free expression, which stifles dissent. Critics argue that these
legislations can be used against political opposition or anyone else with
critical voices; they work to dilute democratic principles.
Another reason why the punishment system in this country is seen to be harsh and
cruel is that for certain offenses, including caning and the death penalty for
drug trafficking and other serious crimes, have been widely criticized by human
rights organizations and international observers. These experts believe that
such punishments not only violate human rights norms but also do not provide
permanent solutions for crime prevention and resolution.
Also, it has been noted that some see the justice system as lacking
impartiality, with doubts about the judiciary's neutrality when a case involves
political government or politically delicate issues. The use of defamation suits
and other legal tricks to keep critics and opposition under wraps has been
criticized for curbing free speech as well as press freedom.
However, the advocates of Singapore's legal system are of the view that it plays
a key role in the preservation of societal control, economic growth promotion,
and law and order. They argue that legislation is an essential requirement for
stability and prosperity in a vibrant and multiracial society.
Conclusion:
In terms of jurisdiction and legal system, Singapore has earned a commendable
reputation globally. It is especially recognized for its efficient handling of
cases, transparent processes, and unwavering dedication to justice. The
Singaporean courts exercise authority over civil, criminal, and commercial
disputes with due regard to both codified statutes and precedents established in
common law. In fact, the legal structure prevalent in Singapore does not fall
short of its comprehensiveness since it embraces legislative acts, court
decisions based on precedents, as well as administrative rules governing all
aspects of life within society, including trade.
In Singapore, the judicial system is seen as one of the notable features that it
possesses since it guarantees justice and equality for all regardless of any
individual factors. The judiciary operates independently from the other two
branches of government and is highly regarded by citizens; judges are appointed
based on their qualifications and integrity. Legal procedures in Singapore are
smooth because there are established rules of procedure to be followed and
well-designed mechanisms for dispute resolution.
On the other hand, Singapore's legal system, as well as the regulatory
landscape, also proves to be highly dynamic, ensuring continuous adaptation and
innovation in addressing both local emerging concerns and worldwide challenges.
This feature, combined with the country's judicial system being among the best
worldwide and its well-developed infrastructure, unassailably positions it as a
favorable investment haven for entrepreneurial ventures. In summary, Singapore's
jurisdiction, along with its legal structure, are vital ingredients that
contribute to global peace, prosperity, and maintaining world order.
Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email:
[email protected], Ph no: 9836576565
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