Please enable JavaScript.
Coggle requires JavaScript to display documents.
The Singapore Legal System (Historial angle (Raffles founded Singapore in…
The Singapore Legal System
Historial angle
Raffles founded Singapore in 1819-1965 - SG gained full political independence, the british influence on Singapore was almost total; from matters of trade to politics to the administration of justice
Japanese occupation and merger with Malaysia - only briefly interrupted the span of 146 years
Therefore countries who have their roots in the British Empire would have the english ' common law' system
The use of judicial precedents - a legal dispute that has been brought before a court of law, and in fact a decision on the case has already been handed down by the court
Case would be used to decide outcomes of future cases
critical in english CL because CL evolved from what was essentially judge made law
Reasoning: CL came about at the heels of feudal system; under FS the king holds ultimate power, exercised it through appointed nobles
In administrating law, nobles would try to uphold good local customs and refuse the bad ones; through time - common law established
To further promote certainty, uniformity, consistency - doctrine (let the decision stand) of stare decisis was developed
Whenever a decsion is made on certain issue; its to be followed by the subsequent cases
Judge will follow the reasoning of same - level or higher courts in the previous but similar disputes (binding)
Common Law v Equity
Equity: justice Sometimes CL is not always fair and justice - thief death penalty for stealing something of insignificant value; seller of house back out dw compensation want land
Therefore its a special type of remedy which is granted for deserving cases
The civil law system
In civil law practically every legal principle is captured in a legislative instrument or code
Want to know something - search for specific legislation or code that sets out the law in this area
CL - uses uses judicial precedents ; and under it you have to look for relevant principles of law in a series of decisions made by the courts over the years
The 'rule of law'
people select a smaller group of people and give them power and authority to govern the country according to the laws that have been set ; government
Singapore - democratic framework; underlying philosophy behind our system is rule of law = every person is subjected to the law
The laws of the land govern every decision and happening that affects the people of the land, no one can act arbitrarily
No exception given - means government have to act in accordance to with the law and not according to their own whims and facies
Breach of law - punished but not for anything else
All are to be treated equally in accordance with the law
The laws of land, including constitutional rights, arise from man's basic natural rights and not the reserve