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The 3 arms of government (The legislature (Qualifications (Singapore…
The 3 arms of government
Introduction: 3 main kinds of power: Legislative, executive, judicial
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Executive: President, Prime minister, Members of him cabinet
They run the country, set policies and implement law passed by parliament; they also proposes law to be passed by parliament
Judicial: Courts
Separate into 2 branch and could override any laws made by parliament if it is against the supreme law - constitution
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The legislature
President: limited powers; serves more as a unifying figure for the whole country, regardless of race, religion or political persuasion
Parliament
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Singapore is a democracy: it has a government of people. The idea behind it is - citizens should be able to assemble together to air their problems and suggestions for the smooth operation of their country; however unlikely possible so - represented by their elected leaders who assemble on their behalf in the institution
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Functions of parliament
- To symbolise the concept of majority rule
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- To control the executive in the exercise of its powers
Members of Parliament
Elected MP
Directly elected by people, represent SM or GR constituencies
Features of GRC: made up of 6 members, all of them belong to a political party, at least one from minority racial community
Nominated MP
Aim: provide for independent and non partisan views in the parliament; nominated from among members of the public who have distinguished themselves either in public service or in their various fields of profession (2.5 years) + max 9 seats in parliament
Non constituency MP
Unsuccessful Opposition party who obtains the highest votes (max 9 seats); AIM: allow opposition party to have a voice in parliament
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Qualifications
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Article 45: Must not be disqualified: Is an undischarged bankrupt, holds an office of profit, not have been convicted and sentence in SG & MY to a jail term 1 year or more, fine 2k or more; disqualification lasts for 5 years from the date of punishment
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The executive: Holds the main function of seeing to the administration of the law and the daily administration of the nation
President performs many ceremonial duties as titular head of state. He is bound to follow the advice of the MP and the Cabinet for most matters
withhold his assent to bills concerning powers of CPF board, his own powers, government borrowings or spending of reserves
withhold his concurrence to key appointments and budgets of statutory boards and government companies
Basic Qualification
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Satisfy presidential election committee of his integrity, good character, reputation
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The judiciary
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The chief justice and all the other judges of the supreme court represent the highest judicial authority in Singapore
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Hierarchy is 3 tiered
Court of appeal
Highest court in SG judicial system : consists of the chief justice and 3 permanent judges of the appeal . An appeal before CA is heard by at least 2-3 judges , decisions are arrived by the majority opinion of the judges hearing the case; if 2 judge court hears appeal and is divided; then decision to appeal stands
The jurisdiction of appeal:
- the court of appeal has only appellate jurisdiction
- The CA has jurisdiction to hear civil or criminal cases
- These appeals must come from hight court
Subject matter must have 'sufficient' size
High court
Made up of chief justice and the judges of high court , there are also judiciary commissioners who sit at High court
They are judges contractually bound from 6 months to 2 years , it renewable.
They have the same right and privileges as supreme court JC except for the tenure
Not uncommon for them to be appointed as a full fledged Supreme court judge after
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District, Magistrate, Specialists
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others: Coroners courts, Community Court, Family justice court, small claims tribunals
Coroners court
Main responsibility: ascertain the cause and circumstances of death where there is a reason to suspect that the death was in an unnatural manner
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Small claims tribunals
only has the power to hear to hear disputes involving matters with subject matter below 10,000
May be increased to 20,000 if both parties agree
Family justice courts: will hear full suite of family related cases including all divorce, family violence, adoption, guardianship
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Youth Court
Hear cases relating to children; offences committed by youths, children beyond parental control, children protection cases under the children and young persons act [38]
Have jurisdiction to try criminal offences triable to DC/MC that are brought against offenders under 16
However DO NOT have exclusive jurisdiction to try such offences
Below 16, dealt with a view of reform or rehab instead of penal sanctions
Syariah Court
presides over: matrimonial, religious and related mattered of the muslim community in SG
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The dispute must relate to marriage, divorce, betrothal, nullity of marriage, judicial separation, the disposition or division of property on divorce or the payment of mas kahwin, maintenance and consolatory gifts
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Meaning of jurisdiction: different court have different powers; the power that a court has = jurisdiction
Criminal, Civil, original, appellate
Separation of power
each arm of the government must be structured in such a way to ensure that they each carry out their functions without fear or restraint from another
In SG; there are many provisions in the constitution that guard against the possibility of absolute power falling within the hands of one arm of the government = 'circle of checks and balances'