Legal Research and Writing

GENERAL INTRODUCTION

Singapore is a commonwealth nation, whose legal System originates from the English Common law system which has gradually changed and altered in various ways over the years. The law treats every citizen equally, irrespective or race, religion, or background. Law in Singapore is founded on 4; Constitution, Legislation, Subsidiary Legislation, and Judicial precedent.

The Constitution upholds the essential right of any individual. It also consists of the important principle and basic structure for the three organs of the state- the Executive, the Legislature, and the Judiciary. Legislation or statutory laws are written laws which are sanctioned by the Singapore Parliament or by other regulatory bodies who were authorized to pass laws in the past. Subsidiary legislation or Subordinate legislation, are written laws made by ministers, statutory boards, or Government agencies, and is made under the parent statute. Judicial precedent or ‘judge-made law’, are judgements on court trials from the past which are also considered as a source of law.

QUESTION 1

ISSUES

        How sustainable is the court structure in Singapore? Do decisions of smaller courts affect decisions that bigger courts make? How sustainable is the legal system in Singapore? Is there any form of corruption in the Singapore legal System?

RULES 

Singapore has an extensive judicial system, which consists of two tier of courts; the State Court, and the Supreme Courts. The State courts, or previously called the Subordinate Courts, comprises of the Magistrates Courts, District Courts, Small Claims Tribunal, and Specialized courts – Coroner’s Court, Family Justice Court, Traffic Courts, etc. A Senior District Judge overlooks the state courts. The second tier of the judicial hierarchy, is the Supreme Court, made up of the High Court and the Court of Appeal. The head of the Judicial system is the Chief Justice and is appointed by the President on advice of the Prime Minister. It is important, that an individual knows which court they can approach in the event any issues may arise for instance when suing someone or when they are being sued.

APPLICATION 

• SUPREME COURT

        The Court of Appeal, is the highest court in the land.it became the final court of appeal in Singapore, when the judicial committee of the privy council were abolished on 8th April 1994. . It has no original control, and hears to appeals for decisions made by the High Court in civil and criminal cases. However, certain High Court Cases may be subject to appeal, depending on whether they can be appealed of if the Court grants permission. The Chief Justice sits within the Court of Appeal alongside the Judges of appeal. Under the principle of stare decisis, Court of Appeal decisions on cases are binding on the High Court and State Courts. In addition, this court is not required to take into consideration, the verdicts passed on past cases of appeal.