Focus on Singapore investment immigration and Singapore law:
▲ Separation of Powers System: Legislative, Executive, and Judicial/Judicial Organs
The Singapore government operates under a system of separation of powers, namely: 1. Legislative, 2. Executive, and 3. Judicial branches.
The separation of powers functions to provide checks and balances among the various branches of authority, thereby preventing the abuse of any single power.
The following is a brief overview of Singapore's legislative, executive, and judicial systems.
I. Legislative
Singapore was once a British colony. After gaining self-governance in 1959, Singapore inherited the parliamentary government system left behind by the British, known as the Westminster parliamentary system. Its main characteristic is that the government is based on the will of the people, which is expressed through the election of parliamentary representatives. Since the will of the people is the foundation of Parliament, Parliament is supreme; it is the source of national power and the primary legislative body.
Parliament is the primary legislative body in Singapore, composed of elected Members of Parliament and non-elected official members specially appointed by the President. There are 78 elected seats, including representatives from single-member constituencies and group representation constituencies. Official members are nominated by Members of Parliament and have the right to speak but not to vote. They are distinguished public figures who have contributed to the nation, as well as individuals from fields such as science, literature, business, professions, or community organizations, representing the interests of various industries and communities.
The Presidential Council for Minority Rights—this is appointed by the President on the recommendation of the Prime Minister. Its primary duty is to provide advice or reports to Parliament or the government regarding racial or religious groups. Most bills must be submitted to the Council for review before being sent to the President for approval. The purpose of establishing this Council is to ensure that the laws enacted in Singapore treat the rights and interests of all races fairly, without favoring any one race or being unfair to any other.
II. Executive
The political party that wins the majority of votes has the right to form the government. This involves selecting ministers from among the Members of Parliament to form the Cabinet, with each minister managing a government department and reporting to the Prime Minister, who leads the government. The Cabinet carries out administrative affairs with the assistance of the nation's civil servants. Therefore, the Cabinet government and the civil service are the executors of the government's daily administration and affairs.
The Singapore Cabinet is the highest authority under the parliamentary government system. The Prime Minister is appointed by the President, and other ministers are appointed by the Prime Minister. It can be said that the Cabinet is the most important department of national administration. Its primary functions are to implement national policies and propose the enactment of laws.
The President of Singapore does not hold absolute executive power; he has only limited executive powers, which relate to the use of national reserves and the appointment and removal of senior civil servants.
III. Judicial/Judicial Organs
The judiciary in Singapore is mainly divided into two parts:
1. The Supreme Court of Singapore. It consists of the High Court and the Court of Appeal. The Supreme Court has broad civil and criminal jurisdiction.
The Court of Appeal is the final court in Singapore, meaning it is the last and highest court to which litigants can appeal.
Singapore also has a High-Tech Court, which is an auxiliary part of the Supreme Court, established on July 8, 1995. Singapore is one of the first countries in the world to use high technology for case trials. Its courtrooms are equipped with the most modern computers and audiovisual equipment. Litigants can present their cases via computer, i.e., submitting evidence; the audiovisual system also allows litigants to conduct cross-border agreements via video recording, and overseas witnesses can appear on screen to testify through the court's computer audiovisual system without having to travel to Singapore to appear in court. Singapore's judicial system has moved toward a high degree of computerization and modernization.
2. The State Courts of Singapore. These courts include: 1. District Courts, 2. Magistrates' Courts, 3. Family Courts, 4. Youth Courts, 5. Small Claims Tribunals.
In addition, Singapore has other judicial bodies specifically for handling legal disputes, including:
1. Land Acquisition Appeals Board—specifically handles disputes regarding applications for government compensation for acquired land;
2. Industrial Arbitration Court—it mainly adjusts labor-management relations in industry and acts as an arbitrator between labor and management to achieve industrial safety. It has the judicial power to confirm specific agreements between labor and management;
3. Syariah Court—it is a court specifically for handling Muslim affairs, including divorce, child custody, alimony, division of matrimonial assets, etc. Other civil courts in Singapore, including the High Court, have no jurisdiction to interfere with the judgments of the Syariah Court;
4. Military Court—its primary task is to try military personnel for illegal acts according to military law;
5. Singapore International Arbitration Centre—it provides services for international and domestic commercial arbitration and encourages the resolution of commercial disputes through arbitration and mediation to avoid court litigation;
6. Strata Titles Board—it is mainly responsible for managing disputes related to strata-titled properties;
7. Copyright Tribunal—it mainly hears disputes regarding the rights and obligations between copyright owners and copyright users.
