Singapore
The Judiciary
Singapore's judicial power is vested in the Supreme Court,
consisting of a chief justice and an unspecified number of other
judges. All are appointed by the president, acting on the advice of
the prime minister. The judiciary functions as the chief guardian
of the Constitution through its judicial review of the
constitutionality of laws. The Supreme Court of Judicature Act of
1969, and various subsequent acts ensured judicial independence and
integrity by providing for the inviolability of judges in the
exercise of their duties and for safeguards on their tenure.
The Constitution establishes two levels of courts--the Supreme
Court and the subordinate courts. The subordinate courts are the
magistrates' courts, trying civil and criminal offenses with
maximum penalties of three years' imprisonment or a fine of
S$10,000 (for value of the Singapore dollar--see Glossary); the
district courts, trying cases with maximum penalties of ten years'
imprisonment or a fine of S$50,000; the juvenile courts, for
offenders below the age of sixteen; the coroners' courts; and the
small claims courts, which hear civil and commercial claims for
sums of less than S$2,000. The Supreme Court consisted of the High
Court, which has unlimited original jurisdiction in all civil and
criminal cases and which tries all cases involving capital
punishment; the Court of Appeal, which hears appeals from any
judgment of the High Court in civil matters; and the Court of
Criminal Appeal, which hears appeals from decisions of the High
Court in criminal cases. The final appellate court is the Judicial
Committee of Her Majesty's Privy Council in London. According to
Article 100 of the Constitution, the president may make
arrangements for appeals from the Supreme Court to be heard by the
Judicial Committee of the Privy Council. In May 1989, Parliament
abolished the right to appeal to the Privy Council except for
criminal cases involving the death sentence and civil cases in
which the parties had agreed in writing to such an appeal at the
outset. The judicial system reflected British legal practice and
traditions, except for trial by jury. Singapore abolished jury
trials except for capital offenses in 1959; all jury trials were
abolished by the 1969 amendment of the code of criminal
procedure.
The chief justice and other judges of the Supreme Court are
appointed by the president on the advice
of the prime minister. The prime minister, however,
is required to consult the chief justice on his recommendations for
the Supreme Court. Judges of the subordinate courts are appointed
by the president on the advice of the chief justice. Singapore's
judges and superior courts repeatedly demonstrated their
independence from the government by ruling against the government
in cases involving political opponents or civil liberties. The
government response in such cases was to amend the law or to pass
new laws, but it did not attempt to remove or to intimidate judges.
Although internal political struggle in Singapore from the 1950s
through the 1980s was often intense, and the ruling government was
quite willing to intimidate and imprison its political opponents,
it always followed legal forms and procedures.
The attorney general is appointed by the president,
on the advice of the prime
minister, from persons qualified to become judges
of the Supreme Court. A judge may be removed from office only for
misbehavior or incapacitation, which must be certified by an
independent tribunal. The attorney general, who is assisted by the
solicitor general, is the principal legal advisor to the
government, serves as the public prosecutor, and is responsible for
drafting all legislation. The office of the attorney general, the
Attorney General's Chambers, is divided into the legislation,
civil, and criminal divisions.
Data as of December 1989
A comparison to the above extract
should be made with the following reports :
Country
Reports on Human Rights Practices - 2001
Released by the Bureau of Democracy, Human Rights, and Labor (March
4, 2003)
The politics
of judicial institutions in Singapore
By Francis T. Seow, former Solicitor-General of Singapore
Defamation in Singapore
Amnesty International - Canada reports - Singapore :
Bankrupt opposition leader now faces possible
imprisonment
The Privy Council - Findings : Jeyaratnam vs The Singapore Law
Society