Government & Politics
Singapore is a republic with a Westminster system of unicameral parliamentary government representing different constituencies. The bulk of the executive powers rests with the Cabinet, headed by the Prime Minister. The office of President of Singapore, historically a ceremonial one, was granted some veto powers as of 1991 for a few key decisions such as the use of the national reserves and the appointment of judiciary positions. Although the position is to be elected by popular vote, only the 1993 election has been contested to date. The legislative branch of government is the Parliament. Parliamentary elections in Singapore are plurality-based for group representation constituencies since the Parliamentary Elections Act was modified in 1991.
The Istana, the official residence and office of the President of SingaporeSingaporean politics have been controlled by the People's Action Party (PAP) since self-government was attained. In consequence, foreign political analysts and several opposition parties like the Workers' Party of Singapore, the Singapore Democratic Party (SDP) and the Singapore Democratic Alliance (SDA) have argued that Singapore is essentially a one-party state. Many analysts consider Singapore to be more of an illiberal or procedural democracy than a true democracy. The Economist Intelligence Unit, while admitting that "There is no consensus on how to measure democracy" and that "definitions of democracy are contested", does not list Singapore as either a "democracy" or a "flawed democracy" but as a "hybrid regime" of democratic and authoritarian elements. Freedom House ranks the country as "partly free". Though general elections are free from irregularities and vote rigging, the PAP has been criticised for manipulating the political system through its use of censorship, gerrymandering, and civil libel suits against opposition politicians. Francis Seow, the exiled former Solicitor-General of Singapore, is a prominent critic. Seow and opposition politicians such as J.B. Jeyaretnam and Chee Soon Juan claim that Singapore courts favour the PAP government, and there is no separation of powers.
Singapore has a highly successful and transparent market economy. Government-linked companies are dominant in various sectors of the local economy, such as media, utilities, and public transport. Singapore has consistently been rated as the least-corrupt country in Asia and among the world's ten freest from corruption by Transparency International.
Although Singapore's laws are inherited from British and British Indian laws, including many elements of English common law, the PAP has also consistently rejected liberal democratic values, which it typifies as Western and states there should not be a 'one-size-fits-all' solution to a democracy. Laws restricting the freedom of speech are justified by claims that they are intended to prohibit speech that may breed ill will or cause disharmony within Singapore's multiracial, multi-religious society. For example, in September 2005, three bloggers were convicted of sedition for posting racist remarks targeting minorities. Some offences can lead to heavy fines or caning and there are laws which allow capital punishment in Singapore for first-degree murder and drug trafficking. Amnesty International has criticised Singapore for having "possibly the highest execution rate in the world" per capita. The Singapore government argues that there is no international consensus on the appropriateness of the death penalty and that Singapore has the sovereign right to determine its own judicial system and impose capital punishment for the most serious crimes. However, despite restrictions on public gatherings in Singapore, a small group of activists has organised events in 2005 and 2006 protesting against the country's use of the death penalty.
Law
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes. However, other areas of law are almost completely statutory in nature. These include criminal law, company law and family law.
Apart from referring to relevant Singaporean cases, judges continue to refer to English case law where the issues pertain to a traditional common-law area of law, or involve the interpretation of Singaporean statutes based on English enactments or English statutes applicable in Singapore. These days, there is also a greater tendency to consider decisions of important Commonwealth jurisdictions such as Australia and Canada, particularly if they take a different approach from English law.
Certain Singapore statutes are not based on English enactments but on legislation from other jurisdictions. In such situations, court decisions from those jurisdictions on the original legislation are often examined. Thus, Indian law is sometimes consulted in the interpretation of the Evidence Act and the Penal Code which were based on Indian statutes.
On the other hand, where the interpretation of the Constitution of Singapore is concerned, courts remain reluctant to take into account foreign legal materials on the basis that a constitution should primarily be interpreted within its own four walls rather than in the light of analogies from other jurisdictions; and because economic, political, social and other conditions in foreign countries are perceived to be different.
Aspects of Singapore law are perceived to be harsh. Certain laws such as the Internal Security Act (which authorizes detention without trial in certain circumstances) and the Societies Act (which regulates the formation of associations) that were enacted during British rule in Singapore remain in the statute book, and both corporal and capital punishment are still in use.
Legislation, or statutory law, can be divided into statutes and subsidiary legislation. Statutes are written laws enacted by the Singapore Parliament, as well as by other bodies such as the British Parliament, Governor-General of India in Council and Legislative Council of the Straits Settlements which had power to pass laws for Singapore in the past. Statutes enacted by these other bodies may still be in force if they have not been repealed. One particularly important statute is the Constitution of the Republic of Singapore, which is the supreme law of Singapore – any law enacted by the Legislature after the commencement of the Constitution which is inconsistent with it is, to the extent of the inconsistency, void. Statutes of the Singapore Parliament, as well as English statutes in force in Singapore by virtue of the Application of English Law Act 1993, are published in looseleaf form in a series called the Statutes of the Republic of Singapore which is gathered in red binders, and are also accessible on-line from Singapore Statutes Online, a free service provided by the Attorney-General's Chambers of Singapore.
Subsidiary legislation, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament. Subsidiary legislation currently in force in Singapore is published in looseleaf form in a series called the Subsidiary Legislation of the Republic of Singapore which is gathered in black binders. New subsidiary legislation published in the Gazette may be viewed for free on-line for five days on the Electronic Gazette website.
The Singapore Law Reports, first published by the Singapore Academy of Law in 1992, contain reports of significant judgments handed down by the High Court, Court of Appeal and Constitutional Tribunal of Singapore.
As Singapore is a common law jurisdiction, judgments handed down by the courts are considered a source of law. Judgments may interpret statutes or subsidiary legislation, or develop principles of common law and equity which have been laid down, not by the legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law, equity and trust law, property law and tort law, are largely judge-made, though certain aspects have now been modified to some extent by statutes. Since 1992, judgments of the High Court, Court of Appeal and Constitutional Tribunal of Singapore have appeared in the Singapore Law Reports (SLR), which is published by the Singapore Academy of Law under an exclusive licence from the Supreme Court of Singapore. The Academy has also republished cases decided since Singapore's full independence in 1965 in special volumes of the SLR, and is currently working on a reissue of this body of case law. Cases published in the SLR as well as unreported judgments of the Supreme Court and Subordinate Courts are available on-line from a fee-based service called LawNet, which is also managed by the Academy.
A custom is an established practice or course of behaviour that is regarded by the persons engaged in the practice as law. Customs do not have the force of law unless they are recognized in a case. "Legal" or "trade" customs are not given recognition as law unless they are certain and not unreasonable or illegal. In Singapore, custom is a minor source of law as not many customs have been given judicial recognition.
