The executive , also referred to as the juditian or executive power , is that part of government which executes the law; in other words, directly makes the key decisions and holds power.
138-407: [REDACTED] The government of Singapore is defined by the Constitution of the Republic of Singapore to consist of the President and the Executive. Executive authority of Singapore is vested in the President but exercised on the advice of the Cabinet led by the Prime Minister. The President, acting as the Head of State, may only act in their discretion in appointing the Prime Minister, acting as
276-514: A chief executive officer who is responsible to the Board for the proper administration and management of the Board's affairs in accordance with the policy laid down by the Board. The board is entitled to appoint employees and officers on such terms as to remuneration or otherwise as it may determine, and to engage other persons and pay for their services as it considers necessary for carrying out its functions and duties. The People's Association (PA)
414-608: A monist view of law, public international law rules are not part of domestic law and cannot be enforced by the courts unless they have first been incorporated into domestic law in some way. Customary international law is defined in the Statute of the International Court of Justice as "evidence of a general practice accepted as law". Rules of customary international law can be declared by courts to be part of domestic law under certain conditions. However, they are not
552-715: A written constitution . The text of the Singapore Constitution which took effect from 9 August 1965 was a patchwork of provisions drawn from three statutes: the Constitution of the State of Singapore 1963, the Federal Constitution of Malaysia made applicable to Singapore by the Republic of Singapore Independence Act 1965, and the Republic of Singapore Independence Act itself. These provided
690-521: A "local conditions" rationale which prescribes reading the Constitution "within its own four walls and not in the light of analogies drawn from other countries such as Great Britain, the United States of America or Australia". This has been termed a conservative and restrictive approach that seems to undermine the court's duty to generously interpret fundamental liberties. However, it has been noted that this approach to constitutional interpretation
828-522: A Council of Ministers was created, appointed by the governor on the recommendation of the leader of the house. Constitutional talks between Legislative Assembly representatives and the Colonial Office were held from 1956 to 1958, and Singapore achieved full internal self-government in 1959. The governor was replaced by the Yang di-Pertuan Negara , who had power to appoint to the post of prime minister
966-504: A chairman, a deputy chairman, and not less than 10 nor more than 25 other members as the Minister for Digital Development and Information may from time to time determine. The members of the board are appointed by the minister, and hold office for such term as the minister may determine unless they resign during their term of office or their appointment is revoked by the minister. The minister is not required to provide any reason for revoking
1104-436: A claim for wrongful dismissal by a police sergeant, one issue arising was whether a constitutional provision introduced in 1970 had impliedly repealed an existing provision. Judicial Commissioner Chan Sek Keong decided the case on other grounds, but observed on an obiter basis that this argument was no longer relevant because only the 1970 provision appeared in the 1980 Reprint of the Constitution, and Article 155(3) of
1242-674: A dependency of Bencoolen and was placed under the control of the Presidency City of Calcutta ( Kolkata ) in the Bengal Presidency . On 24 June 1824, Singapore and Malacca were formally transferred to the East India Company, with the result that they came under the control of Fort William . Full cession of Singapore to the company by the Sultan and Temenggung was effected by a treaty of 19 November 1824, which
1380-538: A draw-down by transferring an equivalent sum from the current reserves to the past reserves. The principles adopted in the white paper remain binding unless either (or both) the Government or the President formally notifies the other that it no longer wishes to abide by them. Soft law has also been described by academics as a method of influencing communitarian conduct or even enforcing constitutional standards in
1518-510: A given country. In democratic countries, the executive often exercises broad influence over national politics, though limitations are often applied to the executive. In political systems based on the separation of powers , such as the United States of America , government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch
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#17327810963391656-478: A legislative judgment, and legislation which is "of so absurd or arbitrary a nature that it could not possibly have been contemplated by our constitutional framers as being 'law' when they crafted the constitutional provisions protecting fundamental liberties", would violate Article 9(1) , despite the provision not explicitly referring to this. In some cases, the courts have also demonstrated an unwillingness to consult foreign constitutional case law, and have crafted
1794-621: A method of informal regulation against the backdrop of existing legislation. Soft constitutional law can also serve as principles of engagement between institutions. One example is the 1999 white paper entitled The Principles for Determining and Safeguarding the Accumulated Reserves of the Government and the Fifth Schedule Statutory Boards and Government Companies , which contains non-exhaustive principles for shaping institutional interactions between
1932-510: A nation or state, establishing the conception, character, and organization of its government, as well as prescribing the extent of its sovereign power and the manner of its exercise", or a specific statute containing provisions that serve those purposes. In this article, the term constitution (with a lowercase c ) refers to the body of legal rules having constitutional effect in Singapore , while Constitution (with an uppercase C ) refers to
2070-534: A newly independent Singapore and contain the communist threat of the time, a constitutional commission chaired by Chief Justice Wee Chong Jin was convened in 1966 to review the 1963 State Constitution. In its report, the Wee Commission made recommendations regarding two broad areas – political philosophy and principles, and various governmental institutions. Many, but not all, of the recommendations were adopted by Parliament. In 1980, provisions from
2208-443: A norm. According to British jurist and constitutional theorist Albert Venn Dicey , three legal criteria must be satisfied before a constitution can claim to be supreme: Although Article 4 of the Singapore Constitution expressly declares that it is the supreme law of the land and the Constitution appears to satisfy Dicey's criteria, the view has been taken that it may not be supreme in practice and that Singapore's legal system
2346-606: A parliament has been dissolved a general election must be held within three months. Following a general election, the President appoints as Prime Minister an MP who, in their judgment, is likely to command the confidence of the majority of the MPs. In practice, the Prime Minister is usually the leader of the political party holding the majority of the seats in Parliament. The President also appoints other Ministers from among
2484-698: A part of the State Constitution. At this time, there was no bill of rights in the 1963 State Constitution, as the fundamental liberties in Part II of the Federal Constitution applied to Singapore. Certain provisions of the Constitution of Singapore are derived from the Malaysian Federal Constitution. This was effected through section 6(1) of the Republic of Singapore Independence Act 1965, which states that
2622-416: A philosophy of deference to Parliament and a strong presumption of constitutional validity , which has led to fundamental liberties being construed narrowly in certain cases. The courts also generally adopt a purposive approach , favouring interpretations that promote the purpose or object underlying constitutional provisions. Article 4 of the Constitution expressly declares that it is the supreme law of
2760-612: A sense of national identity and a spirit of dedicated service to a multiracial community. There are five Community Development Councils (CDCs) appointed by the board of management of the PA for districts in Singapore, namely, the Central Singapore CDC , North East CDC , North West CDC , South East CDC and South West CDC . The functions of a CDC include fostering community bonding and strengthening social cohesion amongst
2898-503: A simple majority in Parliament. One problem this raises is even though the RSIA is categorised by the Government as a "constitutional document", legally speaking it is apparently not part of the consolidated Constitution. Constitutional scholar Dr. Kevin Tan has suggested it should be recognised as a sui generis Act having a unique status. It may be that the RSIA's status is similar to that of
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#17327810963393036-467: A single, composite document". To achieve this task, the Attorney-General was given discretion to merge the existing provisions of the two Constitutions and make modifications that might be necessary or expedient due to Singapore's independent status; to rearrange the provisions; and to omit duplicated, inappropriate or inapplicable ones, among other things. Pursuant to this, the 1980 Reprint of
3174-677: A source of constitutional law, because the Court of Appeal held in Yong Vui Kong that such rules can only be declared as part of the common law and cannot be directly incorporated into the Constitution. Unless an international treaty entered into by the Singapore Government has been given effect through an Act of Parliament, it cannot be enforced as domestic law by the courts. Nonetheless, such international obligations exert an influence on constitutional interpretation as
3312-597: A subtle manner. One example is the issuance of the Declaration of Religious Harmony in 2003, which was proposed by Prime Minister Goh Chok Tong in October 2002 following a series of domestic events which had heightened racial and religious sensitivities. Constitutional conventions are unwritten political customs which aid the smooth operation of the government. They are characterised as "rules of constitutional behaviour" which are "binding by and upon those who operate
3450-411: Is de facto characterised by parliamentary sovereignty . Dicey's first legal criterion for a constitution to be regarded as supreme is that it must be written. This requirement is necessary for the precise identification of constitutional provisions, which makes it more convenient for Parliament to make constitutional amendments, and provides the judiciary with a basic text against which to determine
3588-435: Is a statutory board, the objects of which include the organisation and the promotion of group participation in social, cultural, educational and athletic activities for the people of Singapore in order that they may realise that they belong to a multiracial community , the interests of which transcend sectional loyalties ; and the establishment of institutions for the purpose of leadership training in order to instill in leaders
3726-421: Is completely immutable. If the Constitution is static, the nation's political development may be stunted. Instead, rigidity of the Constitution merely contemplates that compared to ordinary legislation, the Constitution should be more difficult to amend. Executive (government) The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in
3864-432: Is generally perceived to be competent in managing the country's economy , and largely free from political corruption . Transparency International 's 2010 Corruption Perceptions Index , which compares countries according to the degree to which corruption is perceived to exist among public officials and politicians, ranked Singapore in joint first place with Denmark and New Zealand out of 178 countries. In addition, Singapore
4002-415: Is hereby notified for general information that, pursuant to Article 30(1) of the Constitution of the Republic of Singapore, the Prime Minister has directed that Mr S. Jayakumar shall, with effect from 1st April 2009, be charged with the responsibility for the following matters: and that he shall be designated as Senior Minister and Co-ordinating Minister for National Security. Ministers may be designated by
4140-704: Is likely to command the confidence of the majority of the members of Parliament. The Prime Minister then forms the Government and, along with the Cabinet, sets the general direction and control of the Government for the next term. A statutory board is an autonomous agency of the Government that is established by an Act of Parliament and overseen by a government ministry. Unlike ministries and government departments that are subdivisions of ministries, statutory boards are not staffed by civil servants and have greater independence and flexibility in their operations. There are five Community Development Councils (CDCs) appointed by
4278-405: Is not precluded from amending or repealing any provisions of the Constitution, even those considered as basic. Constitutionalism has been described as being "concerned with curbing oppressive government and preserving individual freedom while retaining a realm for the exercise of legitimate governmental power". A constitution can therefore be described as "[t]he fundamental and organic law of
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4416-467: Is subject to checks by the other two; in general, the role of the legislature is to pass laws, which are then enforced by the executive, and interpreted by the judiciary . The executive can also be the source of certain types of law or law-derived rules, such as a decree or executive order . In those that use fusion of powers , typically parliamentary systems , such as the United Kingdom ,
4554-559: Is the sense intended when it is said that a political party "forms the Government". The Constitution of the Republic of Singapore uses the word Government to mean the Executive branch, made up of the President and the Cabinet. This article describes the Government of Singapore in this technical sense, as well as selected aspects of the Executive branch of the Government. On 30 January 1819, Sir Stamford Raffles , an Englishman who
4692-675: Is unclear since this issue has not been raised before the courts. However, it is arguable that they are likely to apply the Malaysian position as the relevant provisions of the Constitution of Malaysia and the Singapore Constitution are in pari materia with each other. In addition, the High Court has rejected the basic structure or basic features doctrine developed by the Supreme Court of India , which means that Parliament
4830-465: The 11th Parliament , Lim Hwee Hua , who was a Minister in the Prime Minister's Office, also held the posts of Second Minister for Finance and Second Minister for Transport. As of 8 July 2024, the ministries of the Government are the following: A ministry is usually composed of a headquarters and a number of departments, boards or other subordinate entities, and statutory boards . For instance, in May 2007
4968-546: The 1959 general elections , the People's Action Party (PAP) swept to power with 43 out of the 51 seats in the Assembly, and Lee Kuan Yew became the first Prime Minister of Singapore. Nine other ministers were appointed to the Cabinet. The executive branch of the Singapore Government remained largely unchanged, although now it governed a state within a larger federation . However, with effect from 9 August 1965, Singapore left
5106-924: The Central Provident Fund Board (CPF), the Housing and Development Board (HDB), the Intellectual Property Office of Singapore (IPOS), the Land Transport Authority (LTA), the Maritime and Port Authority of Singapore (MPA), the National Heritage Board (NHB), and the Urban Redevelopment Authority (URA) are all statutory boards. The National Heritage Board is an example of a typical statutory board. It
5244-689: The Federation of Malaysia and became a fully independent republic . On separation from Malaysia, the Singapore Government retained the executive authority it held, and took on additional executive authority over Singapore that the Parliament of Malaysia relinquished. The Yang di-Pertuan Agong , the Supreme Head of State of Malaysia, also ceased to be the Supreme Head of Singapore and relinquished his sovereignty, jurisdiction, power and authority, executive or otherwise in respect of Singapore, which
5382-479: The Federation of Malaysia , becoming one of its states and losing colonial status. Singapore was granted a new state constitution in the form of the Constitution of the State of Singapore 1963. The provisions relating to the legislative and executive bodies of government remained much the same as those in the 1958 Order in Council. On the other hand, the judiciary was regarded as a federal matter and did not form
5520-624: The Legislative Council of the Straits Settlements . Further letters patent dated 17 November 1877 set up an executive council and authorised the Governor to appoint judges. Thereafter, a number of other legal instruments were issued to streamline the constitutional structure of the colony, but did not make significant changes to the arrangements put in place by the 1867 and 1877 letters patent. The last constitution of
5658-434: The Minister for Law , E.W. Barker , was that "[a]ll consequential amendments that have been necessitated by our constitutional advancement have now been enacted". However, these amendments were made to the 1963 State Constitution; the amendment Acts were silent on whether they applied to the RSIA. Thus, although Parliament has made no attempt to amend the RSIA since 1965, it can theoretically be changed or even repealed by
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5796-627: The New Zealand Bill of Rights Act 1990 , which is also an ordinary Act of Parliament . It has been said that while it is theoretically possible to amend or repeal the Bill of Rights Act by a simple majority of the New Zealand Parliament , "any government intent on repeal or restrictive amendment of the Bill of Rights is likely to suffer extreme political difficulty and opprobrium". In order to safeguard minority interests in
5934-529: The Yang di-Pertuan Agong (Head of State of Malaysia) and the Parliament of Malaysia in respect of Singapore were vested in the President and the Parliament of Singapore. Furthermore, the RSIA empowered the President to "make such modifications in any written law as appear to him to be necessary or expedient in consequence of the enactment of this Act and in consequence of the independence of Singapore upon separation from Malaysia". This power lasted from 1965 to 1968. The Constitution (Amendment) Act 1965, which
6072-631: The Board are: The board is empowered to "do all things necessary or convenient to be done for or in connection with the performance of its functions". Without prejudice to the generality of that provision, the Board also has power to, for example, develop and manage museums, archives, oral history centres and other facilities related to its functions; to advise and facilitate the preservation of historic sites; and to establish liaison with other museums, archives, oral history centres, universities and other institutions to secure maximum collaboration of all activities relevant to its functions. The board consists of
6210-468: The Cabinet since 1959. The term Government of Singapore can have a number of different meanings. At its widest, it can refer collectively to the three traditional branches of government – the Executive branch , Legislative branch (the President and Parliament of Singapore ) and Judicial branch (the Supreme Court and Subordinate Courts of Singapore ). The term is also used colloquially to mean
6348-404: The Constitution and blurring the line between constitutional law and ordinary legislation. The second legal criterion is that the constitution must be rigid. This is important to ensure that constitutional provisions can only be changed by an authority that is higher in status than the ordinary legislative body existing under the Constitution. However, rigidity does not mean that the Constitution
6486-410: The Constitution and other legislation is adhered to, is an inappropriate forum. The Members of Parliament are freely elected by the people of Singapore. They represent the interests of the constituency who entrust them to act fairly, justly and reasonably. The right lies in the people to determine if any law passed be [ sic : by] Parliament goes against the principles of justice or otherwise. This right,
6624-489: The Constitution dealing with fundamental liberties suggests a parliamentary intention to give courts the discretion "to interpret the Constitution based on prevailing social conditions". It may also be noted that although the court may depart from previously held constitutional interpretations, it cannot disregard the text entirely. The courts have been willing to uphold the spirit of the Constitution by recognising fundamental constitutional principles not expressly mentioned in
6762-431: The Constitution is part of its responsibility: The court has the power and duty to ensure that the provisions of the Constitution are observed. The court also has a duty to declare invalid any exercise of power, legislative and executive, which exceeds the limits of the power conferred by the Constitution, or which contravenes any prohibition which the Constitution provides. Judicial attitudes inextricably shape and mould
6900-438: The Constitution is written". However, in Singapore not all legal rules having constitutional effect appear to be part of the Constitution. For example, white papers that contain quasi-constitutional principles would be extra-constitutional documents. By issuing such white papers, the Government may also trying to set guidelines on how the Constitution should be interpreted. Jaclyn Neo and Yvonne Lee view such documents as diluting
7038-477: The Constitution may serve constitutional functions and therefore be regarded as "essential to the workings of small-c constitutions". The Constitution itself empowers Parliament to enact laws for certain purposes. For instance, Article 17(2) states that "[t]he President shall be elected by the citizens of Singapore in accordance with any law made by the Legislature". To regulate such elections, Parliament passed
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#17327810963397176-435: The Constitution was issued. In addition, the President was empowered to authorise the Attorney-General to publish further reprints incorporating all constitutional amendments in force at the date of the authorisation. While some commentators have noted that the 1980 Reprint created theoretical issues, to date no practical problems have arisen in the application of the Constitution. In Heng Kai Kok v. Attorney-General (1986),
7314-525: The Constitution", but are not legally enforceable. Such conventions which are consistently practised and not flouted become an intrinsic part of the constitution over time. However, since Singapore now has a written constitution, conventions play a much less significant role. In comparison, countries such as the United Kingdom which lack a written constitution derive a major part of constitutional law from conventions. Back in Singapore's colonial days,
7452-480: The Constitution. Additionally, the courts have read into the Constitution extratextual principles which either have the effect of expanding or limiting the ambits of fundamental liberties. In Ong Ah Chuan , the Privy Council held that references to the word law in clauses such as Article 9(1) and Article 12(1) of the Constitution include "fundamental rules of natural justice ", which were later held by
7590-471: The Constitution. In the exercise of its original jurisdiction – that is, its power to hear cases for the first time – the High Court carries out two types of judicial review: judicial review of legislation , and judicial review of administrative acts . Regarding the former, Article 4 of the Constitution states: "This Constitution is the supreme law of the Republic of Singapore and any law enacted by
7728-522: The Court of Appeal has held that "the Singapore Constitution[ ;] should, as far as possible, be interpreted consistently with Singapore's international legal obligations". However, it would not be appropriate for courts to refer to an international human rights norm if it does not accord with the way the constitutional text is worded, or if the history of the Constitution shows there was an intention to specifically exclude such
7866-448: The Court of Appeal to be procedural rather than substantive in nature. On the other hand, the courts have said that freedom of speech must be balanced against the right of other people to be free from offence, and have restricted freedom of religion in favour of "the sovereignty, integrity and unity of Singapore" which were said to be "undoubtedly the paramount mandate of the Constitution". Some ordinary statutes which are not part of
8004-733: The Delegation of Powers (Ministry of Law) (Consolidation) Notification, the Senior Minister of State for Law is deputed to exercise certain powers of the Minister for Law under the Copyright Act, Criminal Procedure Code, Land Acquisition Act, Land Surveyors Act, and Pawnbrokers Act; while the Parliamentary Secretary for Home Affairs is deputed the powers of the Minister for Home Affairs under regulation 157 of
8142-473: The Elected Presidency as an evolving institution in need of further refinements. The Malaysian courts have distinguished between the exercise of "constituent power" and "legislative power" by Parliament. When Parliament amends the Constitution by exercising constituent power, the amendment Act cannot be challenged as inconsistent with the Constitution's existing provisions. The Singapore position
8280-537: The Executive and Legislature together, as these are the branches of government responsible for day-to-day governance of the nation and lawmaking. At its narrowest, the term is used to refer to the Members of Parliament (MPs) belonging to a particular political party (or coalition of parties ) holding a majority of seats in Parliament sufficient to enable the party (or coalition) to form the Cabinet of Singapore – this
8418-531: The Federal Constitution which concerns the right to property , was specifically omitted to ensure the constitutionality of the Land Acquisition Act 1966 which authorises the Government to compulsorily acquire real estate . The Republic of Singapore Independence Act 1965 (RSIA) was passed by Parliament on 22 December 1965, and made retrospective to 9 August 1965. Apart from making
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#17327810963398556-417: The Government "made it a practice to always seek the President's views whenever it intends to move Constitutional amendments that affect the relevant provisions" concerning his discretionary powers. It has also been said that by convention it is a well-accepted practice that the President engages in charitable and community welfare work without government objection. As Singapore adopts a dualist rather than
8694-553: The Government adopted many constitutional conventions from the United Kingdom. After independence, an attempt was made to incorporate many of these Westminster conventions into the new written constitution. For example, section 3 of the Parliament (Privileges, Immunities and Powers) Act – the Act was enacted pursuant to Article 63 of the Constitution ;– states that the privileges and immunities of Parliament are to be
8832-471: The Government. As Singapore follows the Westminster system of government, the legislative agenda of Parliament is determined by the Cabinet. At the start of each new Parliamentary session , the President gives an address prepared by the Cabinet that outlines what the Cabinet intends to achieve in the session. Each parliament lasts for a maximum of five years from the date of its first sitting, and once
8970-651: The Governor on the recommendation of the Leader of the House, who would be the leader of the largest political party or coalition of parties having majority support in the legislature. The recommendation was implemented in 1955. In the general election held that year, the Labour Front took a majority of the seats in the Assembly, and David Saul Marshall became the first Chief Minister of Singapore . Major problems with
9108-582: The Governor was replaced by the Yang di-Pertuan Negara (Head of State), who had power to appoint as Prime Minister the person most likely to command the authority of the Legislative Assembly, and other Ministers of the Cabinet on the Prime Minister's advice. The Constitution also created the post of the British High Commissioner, who was entitled to receive the agenda of each Cabinet meeting and to see all Cabinet papers. In
9246-561: The Head of Government; as well as withholding consent for the dissolution of Parliament; along with performing key checks on the Government in addition to the ceremonial duties of the Head of State inherited from the Westminster system . The Cabinet, consisting of the Prime Minister and ministers appointed by the President on the Prime Minister's advice, is responsible for heading the Executive through ministries and other statutory boards . At
9384-436: The High Court declined to hold that there is any constitutional right to be informed of one's right to counsel as the Constitution does not expressly mention such a right. Chief Justice Yong Pung How held: Any proposition to broaden the scope of the rights accorded to the accused should be addressed in the political and legislative arena. The Judiciary, whose duty is to ensure that the intention of Parliament as reflected in
9522-513: The Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void." In Tan Eng Hong v. Attorney-General (2012), the Court of Appeal held that although the Article only refers to laws enacted after the Constitution's commencement on 9 August 1965, laws which pre-date the Constitution can also be invalidated by
9660-615: The Legislature by law to determine and regulate the privileges, immunities or powers of Parliament", and Parliament has done so by enacting the Parliament (Privileges, Immunities and Powers) Act. Thio Li-ann has suggested that other Acts which have constitutional significance include the Internal Security Act and the Supreme Court of Judicature Act. Soft constitutional law refers to a written set of non-binding precepts which exert some degree of legal influence in
9798-490: The MPs, acting in accordance with the Prime Minister's advice. The Prime Minister may, by giving written directions, charge any Minister with responsibility for any department or subject. In practice, this is done by issuing notifications that are published in the Government Gazette . For instance, the Constitution of the Republic of Singapore (Responsibility of Senior Minister and Co-ordinating Minister for National Security, Prime Minister's Office) Notification 2009 states: It
9936-693: The Ministry of Law had three departments (the Chief Information Officer's Office, Insolvency and Public Trustee's Office and Legal Aid Bureau), three boards and tribunals (the Appeals Board for Land Acquisitions, Copyright Tribunal and Land Surveyors Board), and two statutory boards (the Intellectual Property Office of Singapore and Singapore Land Authority ). The First Lawrence Wong Cabinet is composed of
10074-665: The Official Members. In 1956, members of the Legislative Assembly held constitutional talks with the Colonial Office in London. The talks broke down as Marshall did not agree to the British Government's proposal for the casting vote on a proposed Defence Council to be held by the British High Commissioner to Singapore, who would only exercise it in an emergency. Marshall resigned as Chief Minister in June 1956, and
10212-731: The PA's board of management is empowered to designate the Chairman of a CDC to be the Mayor for the district that the CDC is appointed for. As it is the practice for MPs to be appointed as Chairmen of CDCs, these MPs have also been designated as Mayors. As of 25 July 2020, the Mayors are: Even if Mayors are required to vacate their seats in Parliament because Parliament has been dissolved or otherwise, they continue to hold office until their terms of office expire or they are directed to vacate their office by
10350-454: The PA's board of management. As of January 2012, the Mayors are paid an annual salary of S$ 660,000 (US$ 486,500). Constitution of Singapore The Constitution of the Republic of Singapore is the supreme law of Singapore . A written constitution , the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Federal Constitution of Malaysia made applicable to Singapore by
10488-497: The Parliament and a strong presumption of constitutional validity . Such conservatism is reflected in the courts construing fundamental liberties narrowly in certain cases. For instance, in Rajeevan Edakalavan v. Public Prosecutor (1998), even though Article 9(3) of the Constitution states that "[w]here a person is arrested, he ... shall be allowed to consult and be defended by a legal practitioner of his choice",
10626-402: The President and the Government concerning the exercise of the President's discretionary financial powers . One procedural guideline, which is not expressed in the Constitution, requires the President to inform the Government of his intention to gazette his opinion that one of its proposed transactions draws down on the nation's past reserves , to give the Government an opportunity to avoid such
10764-587: The Presidential Elections Act. Similarly, the Parliamentary Elections Act fulfils the requirements of Article 39(1), which provides that Parliament consists, inter alia , of elected Members of Parliament (MPs) and Non-constituency Members of Parliament (NCMPs) who have been elected according to the procedure prescribed in a law made by the Legislature. In addition, Article 63 states that "[i]t shall be lawful for
10902-487: The Prime Minister to be in charge of particular ministries , or as Ministers in the Prime Minister's Office . Such Ministers were formerly known as Ministers without portfolio . The Prime Minister may retain any department or subject in their charge. Some Ministers are appointed as Second Ministers for portfolios other than their own to assist the primary Minister in their duties. For instance, on 1 April 2009 during
11040-813: The Prisons Regulations pursuant to the Delegation of Powers (Ministry of Home Affairs) (Consolidation) Notification. A statutory board is an autonomous agency of the Government that is established by an Act of Parliament and overseen by a government ministry. The Act sets out the purposes, powers and rights of the agency. Unlike ministries and government departments that are subdivisions of ministries, statutory boards may not be staffed by civil servants and have greater independence and flexibility in their operations. They are managed by boards of directors whose members usually include businessmen, professionals, senior civil servants and officials of trade unions. The Agency for Science, Technology and Research (A*STAR),
11178-633: The Rendel Commission's recommendations in its report of February 1954 and implemented them by way of the Singapore Colony Order in Council 1955, commonly known as the Rendel Constitution. While the new Legislative Assembly was a largely elected body, the colonial administration retained authority over administration, finance, internal security and law. The next stage in Singapore's constitutional development
11316-504: The Rendel Constitution were that the Chief Minister and ministers' powers were ill-defined, and that the Official Members retained control of the finance, administration, and internal security and law portfolios. This led to confrontation between Marshall, who saw himself as a Prime Minister governing the country, and the Governor , Sir John Fearns Nicoll , who felt that important decisions and policies should remain with himself and
11454-623: The Rendel Constitutional Commission under the chairmanship of Sir George William Rendel , which had been appointed to comprehensively review the constitution of the Colony of Singapore, rendered its report. Among other things, it recommended that a Council of Ministers be created, composed of three ex officio Official Members and six Elected Members of the Legislative Assembly of Singapore appointed by
11592-457: The Reprint states that "[a]ny reprint of the Constitution ... shall be deemed to be and shall be, without any question whatsoever in all courts of justice and for all purposes whatsoever, the authentic text of the Constitution of the Republic of Singapore in force as from the date specified in that reprint until superseded by the next or subsequent reprint". A revised edition of the Constitution
11730-496: The Republic of Singapore Independence Act 1965 ( No. 9 of 1965, 1985 Rev. Ed. ), and the Republic of Singapore Independence Act itself. The text of the Constitution is one of the legally binding sources of constitutional law in Singapore, the others being judicial interpretations of the Constitution, and certain other statutes. Non-binding sources are influences on constitutional law such as soft law , constitutional conventions , and public international law . In
11868-546: The Straits Settlements was based on letters patent dated 17 December 1911 as amended by letters patent and royal instructions both dated 18 August 1924. After the Japanese Occupation , the Straits Settlements were dissolved in 1946 and Singapore became a Crown colony . Its new constitution, the Singapore Order in Council 1946, established an executive council and a legislative council which, for
12006-499: The absence of any provision of law to the contrary, with the approval of the President and by notification in the Government Gazette , depute any person by name or the person for the time being discharging the duties of an office designated by him to exercise that power or perform that duty on behalf of the Minister subject to such conditions, exceptions and qualifications as the President may determine. For instance, under
12144-399: The appointment of a board member. The minister may, in consultation with the Board or otherwise, give the board directions as he thinks fit that are not inconsistent with the provisions of the act concerning the exercise and performance by the board of its functions, and the board is required to give effect to such directions. With the approval of the minister, the board is required to appoint
12282-553: The approach applies to constitutional interpretation as well. It stated: "It is well established ... that a purposive interpretation should be adopted in interpreting the Constitution to give effect to the intent and will of Parliament". The generous approach to constitutional interpretation mentioned in Ong Ah Chuan might be said to accord with the purposive approach because the use of broad and general language in Articles of
12420-456: The board of management of the People's Association (PA) for districts in Singapore . Where there are not less than 150,000 residents in a district, the PA's board of management may designate the chairman of a CDC to be the mayor for the district that the CDC is appointed for. As it is the practice for Members of Parliament (MPs) to be appointed as Chairmen of CDCs, these MPs have also been designated as mayors. There are currently five districts in
12558-430: The circulation of foreign newspapers deemed to have engaged in domestic politics . The Constitution defines the Government of Singapore as the President and the Cabinet of Singapore. The executive authority of Singapore is vested in the President and is exercisable by them or by the Cabinet of Singapore or any Minister authorised by the Cabinet. However, the President normally plays a nominal and largely ceremonial role in
12696-478: The constitutionality of any ordinary legislation. Without a written constitution, judicial review would almost be counter to the doctrine of separation of powers as judges would get to decide the contents and wording of the Constitution. In Marbury v. Madison , the US Supreme Court held that "the powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten,
12834-473: The country. From the founding of contemporary Singapore in 1819, Singapore was headed by two residents in succession. Following Singapore's amalgamation into the Straits Settlements in 1826, it was governed by a governor together with a legislative council . An executive council of the Straits Settlements was introduced in 1877 to advise the governor but wielded no executive power. In 1955,
12972-425: The court. In addition, Article 162 provides that ordinary laws that were in force prior to the Constitution coming into force on 9 August 1965 continue to apply after the Constitution's commencement but must be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution. Thus, the Constitution reflects the principle established in
13110-452: The courts are to accord them "a generous interpretation ... suitable to give to individuals the full measure of the fundamental liberties referred to". However, it has been said that the Singapore judiciary has a conservative attitude when interpreting the Constitution as it seems to be "more protective of executive interests than individual freedoms". This is in line with the locally held judicial philosophy which features deference to
13248-427: The end of the term or at any time during the term, once the President has consented to a request made by the Prime Minister to dissolve Parliament, Parliamentary General Elections are held to elect members of Parliament for a new term. The President, in their discretion, then appoints a Prime Minister who is a member of Parliament representing any political party or coalition of political parties who in their judgement
13386-426: The executive ( ministers ), are also members of the legislature, and hence play an important part in both the writing and enforcing of law. In presidential systems , the directly elected head of government appoints the ministers. The ministers can be directly elected by the voters. In this context, the executive consists of a leader or leader of an office or multiple offices. Specifically, the top leadership roles of
13524-402: The executive branch may include: In a presidential system , the leader of the executive is both the head of state and government. In some cases, such as South Korea , there is a Prime Minister who assists the President, but who is not the head of government. In a parliamentary system , a cabinet minister responsible to the legislature is the head of government, while the head of state
13662-400: The executive branch of government. Although the President acts in their own personal discretion in the exercise of certain functions as a check on the Cabinet and Parliament of Singapore, they are otherwise required to act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet. It is the Cabinet that has the general direction and control of
13800-471: The executive forms the government, and its members generally belong to the political party that controls the legislature. Since the executive requires the support and approval of the legislature, the two bodies are "fused" together, rather than being independent. The principle of parliamentary sovereignty means powers possessed by the executive are solely dependent on those granted by the legislature, which can also subject its actions to judicial review. However,
13938-444: The executive often has wide-ranging powers stemming from the control of the government bureaucracy , especially in the areas of overall economic or foreign policy . In parliamentary systems, the executive is responsible to the elected legislature, which must maintain the confidence of the legislature or one part of it, if bicameral. In certain circumstances (varying by state), the legislature can express its lack of confidence in
14076-446: The executive, which causes either a change in governing party or group of parties or a general election. Parliamentary systems have a head of government (who leads the executive, often called ministers ) normally distinct from the head of state (who continues through governmental and electoral changes). In the Westminster type of parliamentary system , the principle of separation of powers is not as entrenched as in some others. Members of
14214-533: The exercise of its original jurisdiction – that is, its power to hear cases for the first time – the High Court carries out two types of judicial review: judicial review of legislation , and judicial review of administrative acts . Although in a 1980 case the Privy Council held that the fundamental liberties in Part IV of the Constitution should be interpreted generously, Singapore courts usually adopt
14352-460: The first time, had a number of elected members. The constitution came into effect on 1 March 1948, and the first legislative elections in Singapore were held on 20 March that year. In 1953, a constitutional commission headed by Sir George Rendel was set up to recommend further changes in the constitutional system, with the aim of increasing widespread participation in the central and local government of Singapore. The British Government accepted most of
14490-440: The following members. On 16 April 2024, then Prime Minister-designate Lawrence Wong announced that then outgoing Prime Minister Lee Hsien Loong would assume the office of Senior Minister and stay on in his cabinet after stepping down as the Prime Minister on 15 May 2024. As in the United Kingdom and in a number of Commonwealth countries, Members of Parliament (MPs) may be appointed as Ministers of State to aid Ministers in
14628-404: The fundamental liberties in Part IV of the Constitution, and Articles relating to the President 's election , powers , maintenance , immunity from suit, and removal from office; while Article 5A enables the President to veto proposed constitutional amendments that directly or indirectly circumvent or curtail his discretionary powers. These provisions are not yet in force as the Government views
14766-420: The fundamental liberties in the Malaysian Federal Constitution applicable in Singapore, the RSIA also received the legislative and executive powers over Singapore, which were relinquished by Malaysia through its Constitution and Malaysia (Singapore Amendment) Act 1965. The executive authority of Singapore was vested in the President and made exercisable by him or by the Cabinet , while the legislative powers of
14904-620: The introduction of the Nominated Member of Parliament (NMP) scheme, the First Deputy Prime Minister and Minister for Defence , Goh Chok Tong , noted that the select committee tasked to look into the issue had considered whether NMPs should be required to sever any ties they had with political parties and decided that it was unnecessary as it was "far better to leave ... conventions and practice to evolve". In 2007, Law Minister S. Jayakumar declared that
15042-409: The land. The Constitution also appears to satisfy Albert Venn Dicey 's three criteria for supremacy: codification, rigidity, and the existence of judicial review by the courts. However, the view has been taken that it may not be supreme in practice and that Singapore's legal system is de facto characterised by parliamentary sovereignty . There are two ways to amend the Constitution, depending on
15180-482: The landmark decision of the Supreme Court of the United States , Marbury v. Madison (1803): since it is the role of the courts to interpret the law, they have power to decide whether ordinary laws are inconsistent with the Constitution and, if so, to declare such laws to be void. In the 1994 case Chan Hiang Leng Colin v. Public Prosecutor the High Court adopted a similar stance, and also affirmed that declaring void administrative actions and decisions that infringe
15318-474: The layman is ... to ascertain what a Constitution says". In 1979, Parliament amended the 1963 State Constitution to give authority to the Attorney-General of Singapore to "cause to be printed and published a consolidated reprint of the Constitution of Singapore, as amended from time to time, amalgamated with such of the provisions of the Constitution of Malaysia as are applicable to Singapore, into
15456-480: The main statute containing constitutional rules. In Singapore, the sources of constitutional law may be grouped into two categories: those that are legally binding and those that are not. Legally binding sources include the text of the Constitution, judicial interpretations of the Constitution, and other statutes. Non-binding sources are influences on constitutional law such as soft law , constitutional conventions , and public international law . Singapore has
15594-653: The nature of the provision being amended. Most of the Constitution's Articles can be amended with the support of more than two-thirds of all the Members of Parliament during the Second and Third Readings of each constitutional amendment bill . However, provisions protecting Singapore's sovereignty can only be amended if supported at a national referendum by at least two-thirds of the total number of votes cast. This requirement also applies to Articles 5(2A) and 5A, though these provisions are not yet operational. Article 5(2A) protects certain core constitutional provisions such as
15732-477: The newly independent nation with a working constitution at short notice. Since Singapore was founded as a factory or trading post of the East India Company in 1819, a number of laws having constitutional status have applied to it. Singapore became part of the Straits Settlements in 1867, which were granted a colonial constitution by way of letters patent dated 4 February 1867 that established
15870-463: The ones chosen by us to address our concerns. This is especially so with regards to matters which concern our well-being in society, of which fundamental liberties are a part. On the other hand, in Yong Vui Kong v. Public Prosecutor (2010) decided 12 years later, the Court of Appeal held that colourable legislation which purports to enact a 'law' as generally understood but which is in effect
16008-399: The people exercise through the ballot box. The Judiciary is in no position to determine if a particular piece of legislation is fair or reasonable as what is fair or reasonable is very subjective. If anybody has the right to decide, it is the people of Singapore. The sensitive issues surrounding the scope of fundamental liberties should be raised through our representatives in Parliament who are
16146-399: The people of Singapore; and advising the PA on matters affecting the well-being of residents in districts, the provision and use of public facilities and services within districts, and the use of public funds allocated to districts for community activities. Each CDC consists of a chairman and between 12 and 80 other members. Where the number of residents in a district is not less than 150,000,
16284-450: The performance of their functions. In addition, the Constitution provides that the President, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the MPs to assist Ministers in the discharge of their duties and functions. Such office holders are not regarded as members of the Cabinet. Where in any written law a Minister is empowered to exercise any power or perform any duty, he may, in
16422-565: The person most likely to command the authority of the assembly, and other ministers of the Cabinet on the prime minister's advice. In the 1959 general elections , the People's Action Party (PAP) swept to power with 43 out of the 51 seats in the assembly, and Lee Kuan Yew became the first prime minister of Singapore. The executive branch of the Singapore Government remained unchanged following Singapore's merger with Malaysia in 1963, and subsequent independence in 1965. The PAP has been returned to power in every general election and has thus formed
16560-472: The provisions of the Constitution of Malaysia, other than those set out in section 6(3) of the Act, "shall continue in force in Singapore, subject to such modifications, adaptations and qualifications and exceptions as may be necessary to bring them into conformity with the independent status of Singapore upon separation from Malaysia". Notably, the fundamental liberties in Part II of the Federal Constitution were made applicable to Singapore. However, Article 13 of
16698-755: The public service. In such urgent cases, the governor had to inform the council of the measures he had taken. During the Second World War , the Japanese Empire invaded Singapore; the Japanese were victorious and set up their own government for a few years. Following the Second World War, the Straits Settlements were disbanded and Singapore became a Crown colony in its own right. The reconstituted Executive Council consisted of six officials and four nominated "unofficials". In February 1954,
16836-428: The realm of constitutional law. Forms of soft law include non-binding instruments containing recommendations, government white papers , declarations, and informal rules like circulars or self-regulating codes of conduct . Unlike constitutional conventions , soft constitutional laws are authored by constitutional actors and reduced to written form, rather than derived from a custom or past practice. Such soft laws act as
16974-463: The results of constitutional interpretation. This is because, during the process of constitutional interpretation, "the private philosophies and prejudices of individual judges will inevitably emerge". In 1980, when the Privy Council was still Singapore's final appellate court, it held in Ong Ah Chuan v. Public Prosecutor that where the fundamental liberties in the Constitution are concerned,
17112-480: The same as those associated with the House of Commons of the United Kingdom . In addition, Article 21(1) of the Constitution embodies the constitutionally recognised Westminster convention that the President generally acts on the advice of the Cabinet. Aside from adopted Westminster conventions, indigenous conventions have since developed or are developing to cater to local needs. During parliamentary debates in 1990 on
17250-605: The three documents referred to above were consolidated into a single reprint for the first time. Containing 162 Articles and three schedules, this reprint was published in the Government Gazette of 31 March 1980. Prior to the issuance of the 1980 Reprint, the Constitution had been criticised for being inaccessible due to its fragmented nature. The former Chief Minister of Singapore , David Marshall , commented that Singapore had "the untidiest and most confusing constitution that any country has started life with", while constitutional scholar R.H. Hickling acknowledged that "the problem of
17388-436: The written Constitution which underlie the Constitution and form the theoretical basis of constitutionalism, its goal being to achieve limited government . Examples of these principles include accommodative secularism , the rule of law , and the separation of powers . Similarly, the court's power of judicial review is not expressly mentioned, but has been read into the Constitution by necessary implication from Article 4 of
17526-411: Was enacted on the same day as the RSIA and also came into force on 9 August 1965, made the 1963 State Constitution amendable by a simple majority – that is, more than 50% – of all the Members of Parliament on the second and third readings of a constitutional amendment bill . The requirement of a two-thirds majority for amendment was only restored in 1979. The justification for the reversion given by
17664-697: Was established on 1 August 1993 with the enactment of the National Heritage Board Act. Section 3 of the Act states: "There shall be established a body to be known as the National Heritage Board which shall be a body corporate with perpetual succession and shall, by that name, be capable of—(a) suing and being sued; (b) acquiring, owning, holding, developing and disposing of property, both movable and immovable ; and (c) doing and suffering all such acts or things as bodies corporate may lawfully do or suffer." The functions of
17802-459: Was introduced in 1877 by letters patent issued by the Crown , Composed of "such persons and constituted in such manner as may be directed" by royal instructions, it existed to advise the governor and wielded no executive power. The governor was required to consult the executive council on all affairs of importance unless they were too urgent to be laid before it, or if reference to it would prejudice
17940-533: Was its transformation from a colony to a self-governing state of the British Empire . This was effected by the Singapore (Constitution) Order in Council 1958, which created the position of the Yang di-Pertuan Negara as the head of state, a prime minister and a wholly elected Legislative Assembly with 51 members. Subsequently, pursuant to the Malaysia Agreement of 1963, Singapore merged with
18078-630: Was mandated in Singapore in 1993 by the enactment of section 9A of the Interpretation Act, which requires a court to prefer an interpretation that would "promote the purpose or object underlying the written law (whether that purpose or object is expressly stated in the written law or not) ... to an interpretation that would not promote that purpose or object". The Constitution of the Republic of Singapore Tribunal affirmed in Constitutional Reference No. 1 of 1995 that
18216-489: Was never applied consistently, and that "it appears that the 'four walls' doctrine has quietly fallen out of fashion at least in practice, as courts now regularly consider foreign cases which have only persuasive, not precedential value. ... It is fair to say that the development of Singapore public law is not accomplished in a cloister sealed off from transnational models, but through a thoughtful engagement with foreign cases." A purposive approach to statutory interpretation
18354-441: Was published as part of the 1985 Revised Edition of The Statutes of the Republic of Singapore . The current reprint of the Constitution that is in force is the 1999 Reprint of the 1985 Revised Edition. Another source of legally binding constitutional law consists of the body of case law decided by the courts interpreting the Constitution, and laying down fundamental constitutional principles which are not expressly mentioned in
18492-442: Was ratified by Calcutta on 4 March 1825. Between 1819 and 1826, Singapore was headed by two Residents of Singapore in succession, Maj.-Gen. William Farquhar and Dr. John Crawfurd . In 1826, Malacca, Penang and Singapore were amalgamated into the Straits Settlements , which were made a Crown colony with effect from 1 April 1867. The colony was governed by a governor together with a legislative council . An executive council
18630-595: Was replaced by Lim Yew Hock . The following year, Lim led another delegation to the UK for further talks on self-government. This time, agreement was reached on the composition of an Internal Security Council. Other constitutional arrangements were swiftly settled in 1958, and on 1 August the Parliament of the United Kingdom passed the State of Singapore Act 1958 , granting the colony full internal self-government. Under Singapore's new constitution which came into force on 3 June 1959,
18768-487: Was revested in the Yang di-Pertuan Negara of Singapore. The Republic of Singapore Independence Act 1965 then vested the executive authority of Singapore in the newly created post of President, and made it exercisable by him or by the Cabinet or by any Minister authorised by the Cabinet. The PAP has been repeatedly returned to power by voters and has thus formed the Cabinet since Singapore's 1959 general election . The Government
18906-615: Was second only to New Zealand in the Asia-Pacific region. On the other hand, the Government has been criticised for using unfair election tactics, such as discouraging voting for opposition parties in the 2006 general election by stating that wards that elect opposition candidates will receive state-subsidized improvements to public housing only after all PAP-held wards have been attended to. It has also been accused of violating freedom of speech through Ministers bringing defamation suits against opposition politicians, and by restricting
19044-669: Was the Governor of Bencoolen (now Bengkulu , Indonesia ), entered into a preliminary agreement with the Temenggung of Johor , Abdul Rahman Sri Maharajah, for the British East India Company to establish a " factory " or trading post on the island of Singapore . This was confirmed by another agreement signed by Raffles, the Temenggung and Sultan Hussein Shah on 6 February. In June 1823 Singapore ceased to be
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