The 3 arms of government
Introduction: 3 main kinds of power: Legislative, executive, judicial
Legislative: exercised by parliament
Executive: President, Prime minister, Members of him cabinet
Judicial: Courts
They run the country, set policies and implement law passed by parliament; they also proposes law to be passed by parliament
Gives the executive government power to make subsidiary legislation, can override it; saves a lot of time
The separation of power: way of limiting power being concentrated in the hands of only one arm
The legislative and executive power is complicated in a parliamentary system: Ministers who are at the centre of executive government are also members of the parliament
Separate into 2 branch and could override any laws made by parliament if it is against the supreme law - constitution
The legislature
President: limited powers; serves more as a unifying figure for the whole country, regardless of race, religion or political persuasion
Parliament
Holds real power
Unicameral; there is only one house
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
Lifespan: 5years (general election to elect new members to parliament must be called every 5 years)
Functions of parliament
- To symbolise the concept of majority rule
- To make laws
- To control the executive in the exercise of its powers
Members of Parliament
Elected MP
Nominated MP
Non constituency 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
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
Unsuccessful Opposition party who obtains the highest votes (max 9 seats); AIM: allow opposition party to have a voice in parliament
Cannot vote for critical matters
Qualifications
Singapore citizen of at least 21 year old
At the time of nomination; does not hold an office of profit (not public servant)
Speak at least one official language
Resided in SG for at least 10 years
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
The speaker of Parliament
Speakers function is to preside over the parliament and regulate the conduct of debates; ensure equal opportunities given to the minorities
Committees of the Parliament
Committee of selection
Public Accounts Committee
Standing orders committee
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
Singapore citizen
at least 45 years old
resided in SG for at least 10 years
held for not less than 3 years in one of the offices listed in Article 19
Satisfy presidential election committee of his integrity, good character, reputation
not a current member of any political party
The judiciary
vested in supreme court and state courts
The chief justice and all the other judges of the supreme court represent the highest judicial authority in Singapore
Primary function: interpret and uphold law
Hierarchy is 3 tiered
Court of appeal
High court
District, Magistrate, Specialists
Meaning of jurisdiction: different court have different powers; the power that a court has = jurisdiction
Criminal, Civil, original, appellate
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
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
The jurisdiction of the high court
Has jurisdiction to hear criminal and civil cases, both is original and appellate
civil original - unlimited, there is no limit , however in practice only cases above 250 000 is heard
no limit to criminal cases, but in practice - usually only criminal cases that carry death sentence that are tried before high court
state courts: Major - District and Magistrates
others: Coroners courts, Community Court, Family justice court, small claims tribunals
District: Has only jurisdiction to hear both civil and criminal cases
In general for civil cases - DC has power to hear only cases where subject matter worth no more than 250,000/ for criminal - maximum term of imprisonment 10 years/ punishable with fine only
Magistrates: only original jurisdiction to hear both civil as well as criminal cases
Civil cases: only has the power to hear cases where subject matter is less than 60,000
Criminal: maximum term 3 years, or which punishable with fine only
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
Community
above 16 below 18 ; too young for adult court ; counselling probabtion
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
Family Court (district judges)
Youth Court
Syariah Court
have jurisdiction to her, divorce cases & related applications - matrimonial property, custody, maintenance, personal protection orders against violence
Provides mediation and services in an effort to resolve matrimonial disputes without resorting to litigation
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
presides over: matrimonial, religious and related mattered of the muslim community in SG
2 conditions: All parties must be muslim or have been married under muslim law
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
Alternative dispute resolution: Mediation/ Neutral Evaluation/ Arbitration
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'