211-646: 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 the Republic of Singapore Independence Act 1965 ( No. 9 of 1965, 1985 Rev. Ed. ), and
422-483: A Vietnamese source from the same time period. The name possibly means Sea Town , being derived from the Malay tasek , meaning 'sea' or 'lake'. The Chinese traveller Wang Dayuan visited a place around 1330 named Danmaxi ( Chinese : 淡馬錫 ; pinyin : Dànmǎxí ; Wade–Giles : Tan Ma Hsi ) or Tam ma siak , depending on pronunciation; this may be a transcription of Temasek , alternatively, it may be
633-561: A hinterland , the nation rapidly developed to become one of the Four Asian Tigers . As a highly developed country , it has one of the highest GDP per capita (PPP) in the world. It is also identified as a tax haven . Singapore is the only country in Asia with a AAA sovereign credit rating from all major rating agencies . It is a major aviation , financial , and maritime shipping hub and has consistently been ranked as one of
844-606: 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
1055-489: 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 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
1266-524: A snap election ). The 14th and current Parliament has 103 members; 93 were directly elected from the 31 constituencies , nine are nonpartisan nominated members appointed by the president, and three are non-constituency members from opposition parties who were not elected in the last general election but appointed to the legislature to increase opposition party representation. In group representation constituencies (GRCs), political parties assemble teams of candidates to contest elections. At least one MP in
1477-518: 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
1688-536: A GRC must be of an ethnic minority background. All elections are held using first-past-the-post voting . MPs host weekly political surgeries , called " Meet-the-People Sessions ", where they help constituents resolve personal issues which can be related to housing, financial assistance, and immigration. The People's Action Party occupies a dominant position in Singaporean politics, having won large parliamentary majorities in every election since self-governance
1899-611: A Muslim state, the soldiers rebelled, killing their officers and several British civilians before the mutiny was suppressed by non-Muslim troops arriving from Johore and Burma . After World War I , the British built the large Singapore Naval Base as part of the defensive Singapore strategy . Originally announced in 1921, the construction of the base proceeded at a slow pace until the Japanese invasion of Manchuria in 1931. Costing $ 60 million and not fully completed in 1938, it
2110-486: A candidate needs to be a person at least 45 years of age who is no longer a member of a political party, to either have held public office for at least 3 years in a number of specific public service leadership roles, or to have 3 years experience as chief executive of a fully profitable private sector company with at least S$ 500 million in shareholders' equity , be a resident in Singapore for at least 10 years, not have
2321-436: 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
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#17327732630092532-578: A combination of the Malay Tanah meaning 'land' and Chinese xi meaning 'tin', which was traded on the island. Variations of the name Siṃhapura were used for a number of cities throughout the region prior to the establishment of the Kingdom of Singapura . In Hindu–Buddhist culture , lions were associated with power and protection, which may explain the attraction of such a name. The name Singapura supplanted Temasek sometime before
2743-608: A communist takeover. On 27 May 1961, Malaya's prime minister, Tunku Abdul Rahman , made a surprise proposal for a new Federation called Malaysia , which would unite the current and former British possessions in the region: the Federation of Malaya , Singapore, Brunei , North Borneo , and Sarawak . UMNO leaders believed that the additional Malay population in the Bornean territories would balance Singapore's Chinese population. The British government, for its part, believed that
2954-631: 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 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
3165-458: A court of law is not forced labour. In the area of criminal laws and procedure, this Article provides the following protections: Article 8 by clause (1) provides that all persons are equal before the law and entitled to its equal protection. Clause 2 states: "Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, gender or place of birth in any law or in
3376-533: A criminal record, and more. Candidates must also "satisfy" the Presidential Elections Committee (PEC) that he or she is a person of integrity, good character and reputation. From 2017, the Constitution requires that presidential elections be " reserved " for a racial community if no one from that ethnic group has been elected to the presidency in the five most recent terms. Only members of that community may qualify as candidates in
3587-459: A cut from customers. In response, amendments were made to the Women's Charter by the government in 2019 to legislate more serious punishments for traffickers, including imprisonment of up to seven years and a fine of S$ 100,000. Singapore has a highly developed market economy , based historically on extended entrepôt trade. Along with Hong Kong , South Korea , and Taiwan , Singapore is one of
3798-538: A democracy discussion of any issue and in Parliament of all places should be suppressed. Surely it might be said that it is better that grievances and problems about language, etc. should be openly debated, rather than be swept under the carpet and allowed to fester. But Malaysians who remember what happened during 13 May 1969, and subsequent days are sadly aware that racial feelings are only too easily stirred up by constant harping on sensitive issues like language and it
4009-536: 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
4220-526: A handful of Chinese . By 1860 the population had swelled to over 80,000, more than half being Chinese . Many of these early immigrants came to work on the pepper and gambier plantations. In 1867, the Straits Settlements were separated from British India , coming under the direct control of Britain . Later, in the 1890s, when the rubber industry became established in Malaya and Singapore,
4431-477: 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
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#17327732630094642-536: A licence. However the relevant sections of the Police Act dealing with such gatherings have been repealed by the Police (Amendment) Act 2012 , which came into operation on 23 April 2012. The Peaceful Assembly Act 2012, which came into operation on the same day, replaced the Police Act as the principal legislation dealing with public gatherings. Peaceful Assembly Act 2012 The Peaceful Assembly Act gives citizens
4853-461: A local medical degree can opt to defer their draft. Though not required to perform military service, the number of women in the SAF has been increasing: since 1989 they have been allowed to fill military vocations formerly reserved for men. Before induction into a specific branch of the armed forces, recruits undergo at least nine weeks of basic military training. Because of the scarcity of open land on
5064-533: A maritime emporium known as Temasek and subsequently a major constituent part of several successive thalassocratic empires. Its contemporary era began in 1819, when Stamford Raffles established Singapore as an entrepôt trading post of the British Empire . In 1867, Singapore came under the direct control of Britain as part of the Straits Settlements . During World War II , Singapore
5275-619: 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
5486-652: A mezzanine floor of MacDonald House exploded, killing three people and injuring 33 others. It was the deadliest of at least 42 bomb incidents which occurred during the confrontation. Two members of the Indonesian Marine Corps , Osman bin Haji Mohamed Ali and Harun bin Said , were eventually convicted and executed for the crime. The explosion caused US$ 250,000 (equivalent to US$ 2,417,107 in 2023) in damages to MacDonald House. Even after
5697-575: 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 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
5908-650: A newly independent country. After being expelled from Malaysia, Singapore became independent as the Republic of Singapore on 9 August 1965, with Lee Kuan Yew and Yusof bin Ishak as the first prime minister and president respectively. In 1967, the country co-founded the Association of Southeast Asian Nations (ASEAN). Race riots broke out once more in 1969. Lee Kuan Yew's emphasis on rapid economic growth, support for business entrepreneurship, and limitations on internal democracy shaped Singapore's policies for
6119-516: 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
6330-552: 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 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,
6541-401: 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 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
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6752-407: A public authority and whether within or outside Malaysia). Note however that notwithstanding this Article, the Government is required, under Article 153, to implement affirmative action programs such as the reservation of places in tertiary educational institutions for the benefit of Malays and natives of Sabah and Sarawak. In respect of religion, Article 12 provides that (i) every religious group has
6963-419: A realm for the exercise of legitimate governmental power". A constitution can therefore be described as "[t]he fundamental and organic law of 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,
7174-595: A reserved presidential election. In the 2017 presidential election , this combination of stringent requirements and a reserved election that required the candidate to be of the 13% Malay ethnic group led to the PEC approving a single candidate for the presidency; Halimah Yacob , considered part of the Malay community, won in an uncontested election. She also became Singapore's first female president. Members of Parliament (MPs) are elected at least every five years (or sooner with
7385-547: 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 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
7596-482: 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 the Constitution
7807-673: 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
8018-421: A strange beast on the island that he took to be a lion. Seeing this as an omen, he established the town of Singapura where he encountered the beast. The second hypothesis, drawn from Portuguese sources , postulates that this mythical story is based on the real life Parameswara of Palembang . Parameswara declared independence from Majapahit and mounted a Lion Throne. After then being driven into exile by
8229-595: 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
8440-410: 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
8651-573: Is de facto characterised by parliamentary sovereignty . There are two ways to amend the Constitution, depending on 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
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8862-513: Is a "street protest", it will be banned. If the police say that an assembly being organised by Group B to gather at one place and move to another is a "procession", it will not be banned and the police will allow Group B to proceed. FAQs on Peaceful Assembly Bill 2011. Civil society and The Malaysian Bar "opposes the Peaceful Assembly Bill 2011 ("PA 2011") on the grounds that it imposes unreasonable and disproportionate fetters on
9073-605: Is a key provision of Part II of the Constitution, and has been regarded as "of paramount importance" by the judicial community in Malaysia. However, it has been argued that the rights of Part II, in particular Article 10, "have been so heavily qualified by other parts of the Constitution, for example, Part XI in relation to special and emergency powers, and the permanent state of emergency that has existed since 1969, that much of [the Constitution's] high principles are lost." Article 10 (4) states that Parliament may pass law prohibiting
9284-803: Is a list of the schedules to the Constitution. *NOTE—This Article was repealed by Act A354, section 46, in force from 27-08-1976—see section 46 of Act A354. Fundamental liberties in Malaysia are set out in Articles 5 to 13 of the Constitution, under the following headings: liberty of the person, prohibition of slavery and forced labour , protection against retrospective criminal laws and repeated trials , equality, prohibition of banishment and freedom of movement , freedom of speech , assembly and association , freedom of religion , rights in respect of education and rights to property . Some of these liberties and rights are subject to limitations and exceptions and some are available to citizens only (for example,
9495-983: Is about one degree of latitude (137 kilometres or 85 miles) north of the equator , off the southern tip of the Malay Peninsula , bordering the Strait of Malacca to the west, the Singapore Strait to the south along with the Riau Islands in Indonesia , the South China Sea to the east, and the Straits of Johor along with the State of Johor in Malaysia to the north. Singapore's history dates back at least eight hundred years, having been
9706-855: Is also a founding member of The Forum of Small States (FOSS) , a voluntary and informal grouping at the UN. Singapore maintains membership in other regional organisations, such as Asia–Europe Meeting , the Forum for East Asia-Latin American Cooperation , the Indian Ocean Rim Association , and the East Asia Summit . It is also a member of the Non-Aligned Movement, the United Nations and
9917-835: Is also a member of the United Nations , the World Trade Organization , the East Asia Summit , the Non-Aligned Movement , and the Commonwealth of Nations . The English name of "Singapore" is an anglicisation of the native Malay name for the country, Singapura ( pronounced [siŋapura] ), which was in turn derived from the Sanskrit word for 'lion city' ( Sanskrit : सिंहपुर ; romanised: Siṃhapura ; Brahmi : 𑀲𑀺𑀁𑀳𑀧𑀼𑀭 ; literally "lion city"; siṃha means 'lion', pura means 'city' or 'fortress'). Pulau Ujong
10128-627: 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. Singapore Singapore , officially the Republic of Singapore , is an island country and city-state in Southeast Asia . The country's territory comprises one main island , 63 satellite islands and islets , and one outlying islet . It
10339-598: Is enshrined in the constitution and continues to shape national policies in education, housing, and politics. Singapore is a parliamentary republic in the Westminster tradition of unicameral parliamentary government, and its legal system is based on common law . While the country is de jure a multi-party democracy with free elections , the government under the People's Action Party (PAP) wields widespread control and political dominance . The PAP has governed
10550-641: Is expelled from such political party. The Supreme Court held that the Kelantan anti party-hopping provision was void because the "direct and inevitable consequence" of the provision is to restrict the right of members of the assembly from exercising their right to freedom of association. Furthermore, the Malaysian Federal Constitution sets out a complete list of the grounds on which a member of a State Legislative Assembly can be disqualified (e.g. being of unsound mind) and disqualification on
10761-640: Is maintaining security in Southeast Asia and surrounding territories. An underlying principle is political and economic stability in the region. It has diplomatic relations with more than 180 sovereign states. As one of the five founding members of ASEAN , Singapore is a strong supporter of the ASEAN Free Trade Area (AFTA) and the ASEAN Investment Area (AIA); it is also the host of the APEC Secretariat. Singapore
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#173277326300910972-704: Is regarded as a key factor behind Singapore's political stability, economic growth, and harmonious social order. In 2021, the World Justice Project 's Rule of Law Index ranked Singapore as 17th overall among the world's 193 countries for adherence to the rule of law . Singapore ranked high on the factors of order and security (#3), absence of corruption (#3), regulatory enforcement (#4), civil justice (#8), and criminal justice (#7), and ranked significantly lower on factors of open government (#34), constraints on government powers (#32), and fundamental rights (#38). Singapore's stated foreign policy priority
11183-538: Is similar to the English common law definition of sedition, with modifications to suit local circumstances. Conviction may result in a sentence of a fine up to RM 5,000, three years in jail, or both. The Sedition Act in particular has been widely commented upon by jurists for the bounds it places on freedom of speech. Justice Raja Azlan Shah (later the Yang di-Pertuan Agong) once said: The right to free speech ceases at
11394-464: Is the right policy and that there is "clear evidence" of serious deterrence , and that the law should be looked at upon in the wider context of "saving lives", particularly citizens. In 2004, Amnesty International claimed that some legal provisions of the Singapore system for the death penalty conflict with "the right to be presumed innocent until proven guilty". The government has disputed Amnesty's claims, stating that their "position on abolition of
11605-499: Is to minimise racial explosions that the amendments were made [to the Sedition Act]. Article 10(c)(1) guarantees the freedom of association subject only to restrictions imposed through any federal law on the grounds of national security, public order or morality or through any law relating to labour or education (Article 10(2)(c) and (3)). In relation to the freedom of incumbent elected legislators to change their political parties,
11816-544: Is where the law passed by Parliament relates to land law (such as the registration of land titles and compulsory acquisition of land) and local government (Article 76). States have legislative power over Islamic matters listed in item 1 of the State List which amongst other things includes the power to: Article 3 declares that Islam is the religion of the Federation but it then goes on to say that this does not affect
12027-598: The 1964 race riots . On 7 August 1965, Malaysian prime minister Tunku Abdul Rahman, seeing no alternative to avoid further bloodshed (and with the help of secret negotiations by PAP leaders, as revealed in 2015) advised the Parliament of Malaysia that it should vote to expel Singapore from Malaysia. On 9 August 1965, the Malaysian Parliament voted 126 to 0 to move a bill to amend the constitution, expelling Singapore from Malaysia, which left Singapore as
12238-564: The 2004 Indian Ocean earthquake and tsunami . Since 2009, the Republic of Singapore Navy (RSN) has deployed ships to the Gulf of Aden to aid in countering piracy efforts as part of Task Force 151 . The SAF also helped in relief efforts during Hurricane Katrina , and Typhoon Haiyan . Singapore is part of the Five Power Defence Arrangements (FPDA), a military alliance with Australia, Malaysia, New Zealand, and
12449-679: The Commonwealth . While Singapore is not a formal member of the G20 , it has been invited to participate in G20 processes in most years since 2010. Singapore is also the location of the Pacific Economic Cooperation Council (PECC) Secretariat. In general, bilateral relations with other ASEAN members are strong; however, disagreements have arisen, and relations with neighbouring Malaysia and Indonesia have sometimes been strained. Malaysia and Singapore have clashed over
12660-441: The Digital and Intelligence Service . It is seen as the guarantor of the country's independence, translating into Singapore culture, involving all citizens in the country's defence. The government spent 2.7% of the country's GDP on the military in 2024, the highest in the region. After its independence, Singapore had only two infantry regiments commanded by British officers. Considered too small to provide effective security for
12871-456: The Four Asian Tigers , and has surpassed its peers in terms of Gross Domestic Product (GDP) per capita. Between 1965 and 1995, growth rates averaged around 6 per cent per annum, transforming the living standards of the population. Constitution of Malaysia [REDACTED] [REDACTED] Race and politics The Federal Constitution of Malaysia ( Malay : Perlembagaan Persekutuan Malaysia ), which came into force in 1957 as
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#173277326300913082-436: 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 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,
13293-438: The Javanese , he usurped control over Temasek . He may have rechristened the area as Singapura , recalling the throne he had been driven from. Under Japanese occupation , Singapore was renamed Syonan-to ( Japanese : 昭 南 , Hepburn : Shōnan ) , meaning 'light of the south'. Singapore is sometimes referred to by the nickname the "Garden City", in reference to its parks and tree-lined streets. Another informal name,
13504-410: The MATADOR anti-tank weapon. The SAF is being developed to respond to a wide range of issues in both conventional and unconventional warfare. The Defence Science and Technology Agency (DSTA) is responsible for procuring resources for the military. The geographic restrictions of Singapore mean that the SAF must plan to fully repulse an attack, as they cannot fall back and re-group. The small size of
13715-463: The Parliament , which consists of the House of Representatives ( Dewan Rakyat ) and the Senate ( Dewan Negara ); the executive branch led by the Prime Minister and his Cabinet Ministers and the judicial branch headed by the Federal Court . Constitutional Conference: A constitutional conference was held in London from 18 January to 6 February 1956 attended by a delegation from the Federation of Malaya , consisting of four representatives of
13926-422: The Reid Commission , consisting of constitutional experts from fellow Commonwealth countries and headed by Lord (William) Reid, a distinguished Lord-of-Appeal-in-Ordinary , was appointed to make recommendations for a suitable constitution. The report of the commission was completed on 11 February 1957. The report was then examined by a working party appointed by the British Government, the Conference of Rulers and
14137-420: The Republic of Singapore Air Force (RSAF) maintains a number of overseas bases in Australia , the United States , and France . The RSAF's 130 Squadron is based in RAAF Base Pearce , Western Australia , and its 126 Squadron is based in the Oakey Army Aviation Centre , Queensland . The RSAF has one squadron—the 150 Squadron—based in Cazaux Air Base in southern France. The RSAF's overseas detachments in
14348-403: The Speakers' Corner . In the Corruption Perceptions Index , which ranks countries by "perceived levels of public sector corruption", Singapore has consistently ranked as one of the least corrupt countries in the world, in spite of being illiberal. Singapore's unique combination of a strong, soft authoritarian government with an emphasis on meritocracy is known as the "Singapore model", and
14559-401: The Strait of Malacca has been a cause of concern for all three countries. Close economic ties exist with Brunei , and the two share a pegged currency value, through a Currency Interchangeability Agreement between the two countries which makes both Brunei dollar and Singapore dollar banknotes and coins legal tender in either country. The first diplomatic contact with China was made in
14770-439: The most expensive cities to live in for expatriates and foreign workers . Singapore ranks highly in key social indicators: education , healthcare , quality of life , personal safety , infrastructure , and housing , with a home-ownership rate of 88 percent. Singaporeans enjoy one of the longest life expectancies , fastest Internet connection speeds , lowest infant mortality rates , and lowest levels of corruption in
14981-405: 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 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
15192-597: The " Little Red Dot ", was adopted after an article in the Asian Wall Street Journal of 4 August 1998 said that Indonesian President B. J. Habibie referred to Singapore as a red dot on a map. In 1299, according to the Malay Annals , the Kingdom of Singapura was founded on the island by Sang Nila Utama . Although the historicity of the accounts as given in the Malay Annals is
15403-439: The "benevolent" yet "highly authoritarian" colonial system of governance inherited from Britain rather than forging a full democracy. A conservative ideology of " Asian values " evolved to replace British rule, based on "communal loyalty, distrust of government, and avoidance of individual or collective responsibility for wider public interests", with less regard for human rights in the nascent Western sense. The fact that "neither
15614-422: The 15th century, after the establishment of the Kingdom of Singapura on the island by a fleeing Sumatran Raja (prince) from Palembang . However, the precise time and reason for the name change is unknown. The semi-historical Malay Annals state that Temasek was christened Singapura by Sang Nila Utama , a 13th-century Sumatran Raja from Palembang . The Annals state that Sang Nila Utama encountered
15825-506: 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 the three documents referred to above were consolidated into a single reprint for the first time. Containing 162 Articles and three schedules, this reprint
16036-469: 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 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
16247-646: The 1970s, with full diplomatic relations established in the 1990s. China has been Singapore's largest trading partner since 2013, after surpassing Malaysia. Singapore and the United States share a long-standing close relationship, in particular in defence, the economy, health, and education. Singapore has also increased co-operation with ASEAN members and China to strengthen regional security and fight terrorism, and participated in ASEAN's first joint maritime exercise with China in 2018. It has also given support to
16458-462: The Act are punishable by imprisonment for a term not exceeding six months; but for more serious offences the maximum prison sentence is higher (e.g. 10 years for using offensive weapons or explosives) and sentences may include whipping. Another law which previously curtailed the freedoms of Article 10 is the Police Act 1967, which criminalised the gathering of three or more people in a public place without
16669-402: 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
16880-410: 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,
17091-579: The Constitution by exercising constituent power, the amendment Act cannot be challenged as inconsistent with the Constitution's existing provisions. The Singapore position 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,
17302-487: 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
17513-429: 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
17724-437: 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
17935-476: 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
18146-463: 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 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
18357-556: The Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document influenced by two previous documents, the Federation of Malaya Agreement 1948 and the Independence Constitution of 1957. The Federation was initially called the Federation of Malaya (Malay: Persekutuan Tanah Melayu ) and it adopted its present name, Malaysia, when
18568-478: 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 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,
18779-524: 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,
18990-477: 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
19201-471: 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
19412-522: 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
19623-445: 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
19834-632: The East", and military discussions often referred to the base as simply " East of Suez ". However, the British Home Fleet was stationed in Europe, and the British could not afford to build a second fleet to protect their interests in Asia. The plan was for the Home Fleet to sail quickly to Singapore in the event of an emergency. As a consequence, after World War II broke out in 1939, the fleet
20045-693: The Federal Constitution.) These provide for: The Federal Parliament has the power to amend state constitutions if they do not contain the essential provisions or have provisions that are inconsistent with them. (Art. 71(4)) Parliament has the exclusive power to make laws over matters falling under the Federal List (such as citizenship, defence, internal security, civil and criminal law, finance, trade, commerce and industry, education, labour, and tourism) whereas each State, through its Legislative Assembly, has legislative power over matters under
20256-415: 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
20467-503: 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
20678-405: The Government of the Federation of Malaya and the Federal Constitution was enacted on the basis of its recommendations. Constitution: The Constitution came into force on 27 August 1957 but formal independence was only achieved on 31 August. This constitution was amended in 1963 to admit Sabah, Sarawak and Singapore as additional member states of the Federation and to make the agreed changes to
20889-494: 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
21100-467: The High Court has rejected the basic structure or basic features doctrine developed by the Supreme Court of India , which means that Parliament 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
21311-527: The Japanese changed its image in the eyes of Singaporeans. British Military Administration ended on 1 April 1946, and Singapore became a separate Crown Colony . In July 1947, separate Executive and Legislative Councils were established and the election of six members of the Legislative Council was scheduled for the following year. During the 1950s, Chinese communists , with strong ties to
21522-512: 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
21733-611: 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
21944-522: The PAP drop to 61% of the vote, while the Workers' Party took 10 of the 93 seats, the highest number ever won by another party. On 15 May 2024, Lawrence Wong became Singapore's fourth Prime Minister; he is the first prime minister born after independence. Singapore is a parliamentary republic based on the Westminster system . The Constitution of Singapore is the supreme law of the country, establishing
22155-495: 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",
22366-567: The People's Action Party has led to Singapore being described by academics as an illiberal democracy , or a soft-authoritarian state in which the PAP faces little to no feasible political competition to its rule of the country. The multi-party democratic process of Singapore has been described as "minimal" in comparison to the state's focus on economic development and social order. According to Gordon P. Means, professor emeritus of political science at McMaster University , Singapore reinvented
22577-401: 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
22788-555: 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 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
22999-585: 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
23210-498: 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 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
23421-456: 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
23632-475: 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 the exercise of its original jurisdiction – that is, its power to hear cases for
23843-766: The Rulers, the Chief Minister of the Federation ( Tunku Abdul Rahman ) and three other ministers, and also by the British High Commissioner in Malaya and his advisers. Reid Commission: The conference proposed the appointment of a commission to devise a constitution for a fully self-governing and independent Federation of Malaya . This proposal was accepted by Queen Elizabeth II and the Malay Rulers . Accordingly, pursuant to such agreement,
24054-652: The Singapore Government to create the Singapore Armed Forces (SAF) from scratch, and Israeli instructors were brought in to train Singaporean soldiers. Military courses were conducted according to the IDF's format, and Singapore adopted a system of conscription and reserve service based on the Israeli model . Singapore still maintains strong security ties with Israel and is one of the biggest buyers of Israeli arms and weapons systems, with one recent example being
24265-530: The State List (List IIA) and the Concurrent List (List IIIA) that apply only to Sabah and Sarawak. These give the two states legislative powers over matters such as native law and customs, ports and harbours (other than those declared to be federal), hydro electricity and personal law relating to marriage, divorce, family law, gifts and intestacy. Residual Power of States: The States have the residual power to make laws on any matter not listed in any of
24476-505: The State List (such as land, local government, Syariah law and Syariah courts, State holidays and State public works). Parliament and State legislatures share the power to make laws over matters under the Concurrent List (such as water supplies and housing) but Article 75 provides that in the event of conflict, Federal law will prevail over State law. These lists are set out in Schedule 9 of the Constitution, where: There are supplements to
24687-634: The Supreme Court of Malaysia in the Kelantan State Legislative Assembly v Nordin Salleh held that an "anti party-hopping" provision in the Kelantan State Constitution violates the right to freedom of association. That provision stipulated that a member of the Kelantan legislative assembly who is a member of any political party shall cease to be a member of the legislative assembly if he or she resigns or
24898-471: The Temenggong's help, Raffles managed to smuggle Tengku Long back into Singapore. Raffles offered to recognise Tengku Long as the rightful Sultan of Johor, under the title of Sultan Hussein , as well as provide him with a yearly payment of $ 5000 and another $ 3000 to the Temenggong; in return, Sultan Hussein would grant the British the right to establish a trading post on Singapore. The Treaty of Singapore
25109-722: The Third Schedule of the Act). However, street protests, which consist of "mass" marches or rallies, are not permitted (See section 4(1)(c) of the Act). The following are comments from the Malaysian Bar Council on the Peaceful Assembly Act: PA2011 appears to allow the police to decide what is a "street protest" and what is a "procession". If the police say that an assembly being organised by Group A to gather at one place and move to another
25320-550: The US-led coalition to fight terrorism, with bilateral co-operation in counter-terrorism and counter-proliferation initiatives, and joint military exercises. As Singapore has diplomatic relations with both the United States and North Korea , and was one of the few countries that have relationships with both countries, in June 2018, it hosted a historic summit between US President Donald Trump and North Korean leader Kim Jong-un ,
25531-568: The United Kingdom. According to the 2024 Global Peace Index , Singapore is the 5th most peaceful country in the world. Capital punishment is a legal and enforced penalty in Singapore. The country is one of four in the developed world to retain the death penalty, along with the United States , Japan and Taiwan . Particularly, its use against drug trafficking has been a source of contention with non-governmental organisations such as Amnesty International and Human Rights Watch . The government has responded that it has "no doubts" that it
25742-773: The United States are: Luke Air Force Base in Arizona , Marana in Arizona, Mountain Home Air Force Base in Idaho , and Andersen Air Force Base in Guam . The SAF has sent forces to assist in operations outside the country, in areas such as Iraq , and Afghanistan , in both military and civilian roles. In the region, they have helped to stabilise East Timor and have provided aid to Aceh in Indonesia following
25953-489: The appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment". The exceptions expressly allowed under the Constitution includes the affirmative actions taken to protect the special position for the Malays of Peninsular Malaysia and
26164-496: 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
26375-473: The compulsory acquisition or use of property without adequate compensation. The Federation is required to guarantee the sovereignty of the Malay Sultans in their respective States. Each State, irrespective of whether it has a Sultan as its Ruler, has its own State constitution but for uniformity, all State constitutions must have a standard set of essential provisions (See Art. 71 and the 8th Schedule of
26586-516: 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 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
26797-579: The constitution that were set out in the Malaysia Agreement , which included changing the name of the Federation to "Malaysia". Thus, legally speaking, the establishment of Malaysia did not create a new nation as such but was simply the addition of new member states to the Federation created by the 1957 constitution, with a change of name. The Constitution, in its current form (1 November 2010), consists of 15 Parts containing 230 articles and 13 schedules (including 57 amendments). The following
27008-476: 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,
27219-612: The country continuously since full internal self-government was achieved in 1959, and holds a supermajority in Parliament . One of the five founding members of ASEAN , Singapore is also the headquarters of the Asia-Pacific Economic Cooperation Secretariat, the Pacific Economic Cooperation Council Secretariat, and is the host city of many international conferences and events . Singapore
27430-615: The country's third prime minister. Lee Hsien Loong's tenure included the 2007–2008 financial crisis , the resolution of a dispute over land ownership at Tanjong Pagar railway station between Singapore and Malaysia, the introduction of the two integrated resorts (IRs), located at the Marina Bay Sands and Resorts World Sentosa , and the COVID-19 pandemic . The PAP suffered its worst ever electoral results in 2011, winning just 60% of votes, amidst debate over issues including
27641-423: 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
27852-450: 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
28063-750: The death penalty is by no means uncontested internationally" and that the report contains "grave errors of facts and misrepresentations". From 1938 to 2023, sexual relations between men were technically illegal under Section 377A of the Penal Code , first introduced during British colonial rule. During the last few decades, this law was mostly unenforced and pressure to repeal it increased as homosexuality became more accepted by Singaporean society. Meanwhile, sexual relations between women had always been legal. In 2022, Prime Minister Lee Hsien Loong announced that Singapore would repeal 377A, effectively decriminalising homosexual behaviour. Nevertheless, he added that
28274-530: The delivery of fresh water to Singapore, and access by the Singapore Armed Forces to Malaysian airspace. Border issues exist with Malaysia and Indonesia, and both have banned the sale of marine sand to Singapore over disputes about Singapore's land reclamation. Some previous disputes, such as the Pedra Branca dispute , have been resolved by the International Court of Justice . Piracy in
28485-405: 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 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
28696-594: The end of the 14th century, its ruler Parameswara was attacked by either the Majapahit or the Siamese, forcing him to move to Malacca where he founded the Sultanate of Malacca . Archaeological evidence suggests that the main settlement on Fort Canning Hill was abandoned around this time, although a small trading settlement continued in Singapore for some time afterwards. In 1613, Portuguese raiders burned down
28907-457: The fighting for Singapore were heavy, with a total of nearly 85,000 personnel captured. About 5,000 were killed or wounded, of which Australians made up the majority. Japanese casualties during the fighting in Singapore amounted to 1,714 killed and 3,378 wounded. The occupation was to become a major turning point in the histories of several nations, including those of Japan , Britain , and Singapore. Japanese newspapers triumphantly declared
29118-608: 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 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
29329-800: The first-ever meeting between the sitting leaders of the two nations. It also hosted the Ma–Xi meeting in 2015, the first meeting between the political leaders of the two sides of the Taiwan Strait since the end of the Chinese Civil War in 1950. The Singaporean military, arguably the most technologically advanced in Southeast Asia, consists of the Army , the Navy , the Air Force and
29540-502: The formal surrender of Japanese forces in the region from General Seishirō Itagaki on behalf of General Hisaichi Terauchi on 12 September 1945. Meanwhile, Tomoyuki Yamashita was tried by a US military commission for war crimes, but not for crimes committed by his troops in Malaya or Singapore. He was convicted and hanged in the Philippines on 23 February 1946. Much of the infrastructure in Singapore had been destroyed during
29751-544: The freedom of assembly that is guaranteed under the Federal Constitution." Open letter from Lim Chee Wee, President of Malaysian Bar The Printing Presses and Publications Act 1984 gives the Home Affairs Minister the discretion to grant, suspend and revoke newspaper publishing permits. Up until July 2012, the Minister could exercise "absolute discretion" on such matters but this absolute discretionary power
29962-500: The freedom of speech, assembly and association). Article 5 enshrines a number of basic fundamental human rights: Article 6 provides that no person may be held in slavery. All forms of forced labour are prohibited, but federal law, such as the National Service Act 1952, may provide for compulsory service for national purposes. It is expressly provided that work incidental to serving a sentence of imprisonment imposed by
30173-634: The ground of resigning from one's political party is not one of them. Article 11 provides that every person has the right to profess and practice his own religion. Every person has the right to propagate his religion, but state law and, in respect of the Federal Territories, federal law may control or restrict the propagation of any religious doctrine or belief among Muslims. There is, however, freedom to carry on missionary work among non-Muslims. In respect to education, Article 12 provides that there shall be no discrimination against any citizen on
30384-417: The grounds of religion, race, descent or place of birth (i) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees and (ii) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by
30595-614: 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 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)
30806-411: The indigenous people of Sabah and Sarawak under Article 153 . This Article protects Malaysian citizens against being banished from the country. It further provides that every citizen has the right to move freely throughout the Federation but Parliament is allowed to impose restrictions on the movement of citizens from Peninsular Malaysia to Sabah and Sarawak. Article 10(1) grants freedom of speech,
31017-430: The influx of foreign workers and the high cost of living. On 23 March 2015, Lee Kuan Yew died , and a one-week period of public mourning was observed nationwide. Subsequently, the PAP regained its dominance in Parliament through the September general election , receiving 69.9% of the popular vote, although this remained lower than the 2001 tally of 75.3% and the 1968 tally of 86.7%. The 2020 election held in July saw
31228-471: 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
31439-439: The introduction of the non-constituency members of parliament in 1984 to allow up to three losing candidates from opposition parties to be appointed as MPs. Group representation constituencies (GRCs) were introduced in 1988 to create multi-seat electoral divisions, intended to ensure minority representation in parliament. Nominated members of parliament were introduced in 1990 to allow non-elected non-partisan MPs. The constitution
31650-419: The island became a global centre for rubber sorting and export. Singapore was not greatly affected by the First World War (1914–18), as the conflict did not spread to Southeast Asia . The only significant event during the war was the 1915 Singapore Mutiny by Muslim sepoys from British India, who were garrisoned in Singapore. After hearing rumours that they were to be sent to fight the Ottoman Empire ,
31861-480: 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
32072-406: 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
32283-431: The legal tradition established during British rule and with substantial local differences. Criminal law is based on the Indian Penal Code originally intended for British India , and was at the time as a crown colony also adopted by the British colonial authorities in Singapore and remains the basis of the criminal code in the country with a few exceptions, amendments and repeals since it came into force. Trial by jury
32494-419: 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 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
32705-477: The main island, training involving activities such as live firing and amphibious warfare are often carried out on smaller islands, typically barred to civilian access. However, large-scale drills, considered too dangerous to be performed in the country, have been performed in other countries such as Brunei, Indonesia, Thailand and the United States. In general, military exercises are held with foreign forces once or twice per week. Due to airspace and land constraints,
32916-408: The merger would prevent Singapore from becoming a haven for communism. To obtain a mandate for a merger, the PAP held a referendum on the merger . This referendum included a choice of different terms for a merger with Malaysia and had no option for avoiding merger altogether. On 16 September 1963, Singapore joined with Malaya, the North Borneo, and Sarawak to form the new Federation of Malaysia under
33127-556: The merger, the Singaporean government and the Malaysian central government disagreed on many political and economic issues. Despite an agreement to establish a common market, Singapore continued to face restrictions when trading with the rest of Malaysia. In retaliation, Singapore did not extend to Sabah and Sarawak the full extent of the loans agreed to for economic development of the two eastern states. Talks soon broke down, and abusive speeches and writing became rife on both sides. This led to communal strife in Singapore, culminating in
33338-472: The new country, the development of its military forces became a priority. In addition, in October 1971, Britain pulled its military out of Singapore, leaving behind only a small British, Australian and New Zealand force as a token military presence. A great deal of initial support came from Israel , a country unrecognised by Singapore's neighbouring Muslim-majority nations of Malaysia and Indonesia. The Israel Defense Forces (IDF) commanders were tasked by
33549-430: The new port. The island was then nominally ruled by Tengku Abdul Rahman , the Sultan of Johor , who was controlled by the Dutch and the Bugis . However, the Sultanate was weakened by factional division: Abdul Rahman , the Temenggong of Johor to Tengku Abdul Rahman, as well as his officials, were loyal to the Sultan's elder brother Tengku Long , who was living in exile in Penyengat Island , Riau Islands . With
33760-407: The next half-century. Economic growth continued throughout the 1980s, with the unemployment rate falling to 3% and real GDP growth averaging at about 8% up until 1999. During the 1980s, Singapore began to shift towards high-tech industries, such as the wafer fabrication sector, in order to remain competitive as neighbouring countries began manufacturing with cheaper labour. Singapore Changi Airport
33971-401: 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
34182-399: 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
34393-448: The point where it comes within the mischief of the Sedition Act. Suffian LP in the case of PP v Mark Koding [1983] 1 MLJ 111 said, in relation to the amendments to Sedition Act in 1970, after 13 May 1969 riots, which added citizenship, language, special position of bumiputras and sovereignty of rulers to the list of seditious matters: Malaysians with short memories and people living in mature and homogeneous democracies may wonder why in
34604-439: The population has also affected the way the SAF has been designed, with a small active force and a large number of reserves. Singapore has conscription for all able-bodied males at age 18, except those with a criminal record or who can prove that their loss would bring hardship to their families. Males who have yet to complete pre-university education, are awarded the Public Service Commission (PSC) scholarship, or are pursuing
34815-453: 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 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
35026-523: The press as well as some civil and political rights. In 2023, Singapore was ranked 129th out of 180 nations by Reporters Without Borders on the global Press Freedom Index . Freedom House ranks Singapore as "partly free" in its Freedom in the World report, and the Economist Intelligence Unit ranks Singapore as a "flawed democracy", the second freest rank of four, in its " Democracy Index ". All public gatherings of five or more people require police permits, and protests may legally be held only at
35237-442: The public nor elites had experience with democracy" helped create Singapore's political culture, as dominated by status-focused hierarchies committed to economic development. The legacy of Asian values and the limited political culture within Singapore has led to the country being described as "classic illustration of soft authoritarianism", and "profoundly illiberal". The judicial system is based on English common law , continuing
35448-431: The questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, 153 or 181 of the Constitution. Several acts of law regulate the freedoms granted by Article 10, such as the Official Secrets Act , which makes it a crime to disseminate information classified as an official secret. Under the Public Order (Preservation) Act 1958,
35659-427: 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
35870-457: The relevant Minister may temporarily declare any area where public order is seriously disturbed or seriously threatened to be a "proclaimed area" for a period of up to one month. The Police has extensive powers under the Act to maintain public order in proclaimed areas. These include the power to close roads, erect barriers, impose curfews, and to prohibit or regulate processions, meetings or assemblies of five persons or more. General offences under
36081-453: The repeal will not affect the recognition of "traditional familial and societal norms," including how marriage is defined, leaving the legal status of same-sex marriage unchanged for the time, although the possibility of civil unions was not officially ruled out. Lee described this as a compromise between the conservative (and often religious) and progressive elements of Singaporean society to prevent further political fracturing. The law
36292-402: 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,
36503-505: The right to assemble peaceably and the right to form associations to every Malaysian citizen but such freedom and rights are not absolute: the Constitution itself, by Article 10 (2), (3) and (4), expressly permits Parliament by law to impose restrictions in the interest of the security of the Federation, friendly relations with other countries, public order, morality, to protect the privileges of Parliament, to provide against contempt of court, defamation, or incitement to any offence. Article 10
36714-486: The right to establish and maintain institutions for the education of children in its own religion, and (ii) no person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own and that for this purpose the religion of a person under the age of eighteen years shall be decided by his parent or guardian. Article 13 provides that no person may be deprived of property save in accordance with law. No law may provide for
36925-597: The right to organise and participate in peaceful assemblies subject to the restrictions under the Act. Under the law, citizens are allowed to hold assemblies, which includes processions (see the definition of "assembly" and "place of assembly" in section 3 of the Act), upon giving 10 days notice to the police (section 9(1) of the Act). However, no notification is required for certain types of assemblies, such as wedding receptions, funeral processions, open houses during festivals, family gatherings, religious assemblies and assemblies at designated places of assembly (see section 9(2) and
37136-427: 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
37347-644: The same sex were not wrong at all or not wrong most of the time, up from 10% in 2013. The survey found that 27% felt the same way about same-sex marriage (an increase from 15% in 2013) and 30% did so about same-sex couples adopting a child (an increase from 24% in 2013). In 2021, six Singaporeans protested for improved trans protections in the educational system outside the Ministry of Education headquarters at Buona Vista . Pimps often traffic women from neighbouring countries such as China , Malaysia and Vietnam at their brothels as well as rented apartments and hostels for higher profit margins when they get
37558-417: The settlement, and the island faded into obscurity for the next two centuries. By then, Singapore was nominally part of the Johor Sultanate . The wider maritime region and much trade was under Dutch control for the following period after the 1641 Dutch conquest of Malacca . The British governor Stamford Raffles arrived in Singapore on 28 January 1819 and soon recognised the island as a natural choice for
37769-401: The states of Sabah , Sarawak and Singapore (now independent) became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy , having the Yang di-Pertuan Agong as the Head of State with largely ceremonial roles. It provides for the establishment and organisation of three main branches of the government : the bicameral legislative branch called
37980-433: The structure and responsibility of governance. The President is the head of state . The governance of Singapore is separated into three branches: The president is directly elected by popular vote for a renewable six-year term. Requirements for this position, which were enacted by the PAP government, are extremely stringent, such that only a handful of people qualify for the candidacy. These qualifications include that
38191-449: The subject of academic debates, it is nevertheless known from various documents that Singapore in the 14th century, then known as Temasek , was a trading port under the influence of both the Majapahit Empire and the Siamese kingdoms, and was a part of the Indosphere . These Indianised kingdoms were characterised by surprising resilience, political integrity and administrative stability. Historical sources also indicate that around
38402-407: 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 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
38613-402: The terms of the Malaysia Agreement . Under this Agreement, Singapore had a relatively high level of autonomy compared to the other states of Malaysia. Indonesia opposed the formation of Malaysia due to its own claims over Borneo and launched Konfrontasi ("Confrontation" in Indonesian) in response to the formation of Malaysia. On 10 March 1965, a bomb planted by Indonesian saboteurs on
38824-411: 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 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:
39035-442: The three lists (Article 77). Power of Parliament to make laws for States: Parliament is allowed to make laws on matters falling under the State List in certain limited cases, such as for the purposes of implementing an international treaty entered into by Malaysia or for the creation of uniform State laws. However, before any such law can be effective in a State, it must be ratified by law by its State Legislature. The only except
39246-479: The trade unions and Chinese schools, waged a guerrilla war against the government, leading to the Malayan Emergency . The 1954 National Service riots , Hock Lee bus riots , and Chinese middle schools riots in Singapore were all linked to these events. David Marshall , pro-independence leader of the Labour Front , won Singapore's first general election in 1955. He led a delegation to London , and Britain rejected his demand for complete self-rule. He resigned and
39457-425: The two. It was thought that reuniting with Malaya would benefit the economy by creating a common market, alleviating ongoing unemployment woes in Singapore. However, a sizeable left-wing faction of the PAP was strongly opposed to the merger, fearing a loss of influence, and hence formed the Barisan Sosialis , after being kicked out from the PAP. The ruling party of Malaya, United Malays National Organisation (UMNO),
39668-575: The victory as deciding the general situation of the war. Between 5,000 and 25,000 ethnic Chinese people were killed in the subsequent Sook Ching massacre . British forces had planned to liberate Singapore in 1945/1946; however, the war ended before these operations could be carried out. After the Japanese surrender to the Allies on 15 August 1945, Singapore fell into a brief state of violence and disorder; looting and revenge-killing were widespread. British, Australian, and Indian troops led by Lord Louis Mountbatten returned to Singapore to receive
39879-410: The war, including those needed to supply utilities. A shortage of food led to malnutrition, disease, and rampant crime and violence. A series of strikes in 1947 caused massive stoppages in public transport and other services. However, by late 1947 the economy began to recover, facilitated by a growing international demand for tin and rubber. The failure of Britain to successfully defend its colony against
40090-487: The world. It has the third highest population density of any country in the world , although there are numerous green and recreational spaces as a result of urban planning . With a multicultural population and in recognition of the cultural identities of the major ethnic groups within the nation, Singapore has four official languages : English , Malay , Mandarin , and Tamil . English is the common language , with exclusive use in numerous public services . Multi-racialism
40301-432: 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
40512-517: Was occupied by Japan in 1942 and returned to British control as a separate Crown colony following Japan's surrender in 1945. Singapore gained self-governance in 1959 and, in 1963, became part of the new federation of Malaysia , alongside Malaya , North Borneo , and Sarawak . Ideological differences led to Singapore's expulsion from the federation two years later; Singapore became an independent sovereign country in 1965. After early years of turbulence and despite lacking natural resources and
40723-494: Was abolished in 1970. Singapore is known for its strict laws and conservative stances on crime; both corporal punishment (by caning ) and capital punishment (by hanging ) are retained and commonly used as legal penalties. The right to freedom of speech and association is guaranteed by Article 14(1) of the Constitution of Singapore , although there are provisions in the subsequent subsection that regulate them. The government has restricted freedom of speech and freedom of
40934-420: Was amended in 1991 to provide for an elected president who has veto power in the use of past reserves and appointments to certain public offices. In 1990, Goh Chok Tong succeeded Lee and became Singapore's second prime minister. During Goh's tenure, the country went through the 1997 Asian financial crisis and the 2003 SARS outbreak. In 2004, Lee Hsien Loong , the eldest son of Lee Kuan Yew , became
41145-438: Was expressly removed by the Printing Presses and Publications (Amendment) Act 2012. The Act also makes it a criminal offence to possess a printing press without a licence. The Sedition Act 1948 makes it an offence to engage in acts with a " seditious tendency", including but not limited to the spoken word and publications. The meaning of "seditious tendency" is defined in section 3 of the Sedition Act 1948 and in substance it
41356-432: Was fully occupied with defending Britain, leaving Singapore vulnerable to Japanese invasion . During the Pacific War , the Japanese invasion of Malaya culminated in the Battle of Singapore . When the British force of 60,000 troops surrendered on 15 February 1942, British prime minister Winston Churchill called the defeat "the worst disaster and largest capitulation in British history". British and Empire losses during
41567-456: Was granted in 1959. The PAP, self-described as pragmatic, have a syncretic ideology combining free-market principles , civil nationalism , and welfarism . Despite promulgating restrictions on civil liberties, Singapore under the PAP has seen consistent economic growth and political stability. The most represented and popular opposition party is the centre-left Workers' Party , which holds 8 seats in Parliament. The long-standing hegemony of
41778-416: 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),
41989-478: 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
42200-488: 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
42411-403: Was nonetheless the largest dry dock in the world, the third-largest floating dock , and had enough fuel tanks to support the entire British navy for six months. The base was defended by heavy 15-inch (380 mm) naval guns stationed at Fort Siloso , Fort Canning and Labrador, as well as a Royal Air Force airfield at Tengah Air Base . Winston Churchill touted it as the " Gibraltar of
42622-413: Was officially repealed on 3 January 2023. Pink Dot SG , an event held in support of the LGBT community, has drawn thousands of people annually since 2009 with increasing attendance. According to a survey conducted by the Institute of Policy Studies in 2019, Singaporean society has become more liberal on LGBT rights. In the survey, more than 20% of people said that sexual relations between adults of
42833-399: Was one of the earliest references to Singapore Island, which corresponds to a Chinese account from the third century referred to a place as Pú Luó Zhōng ( Chinese : 蒲 羅 中 ), a transcription of the Malay name for 'island at the end of a peninsula '. Early references to the name Temasek (or Tumasik) are found in the Nagarakretagama , a Javanese eulogy written in 1365, and
43044-488: Was opened in 1981 and Singapore Airlines was formed. The Port of Singapore became one of the world's busiest ports and the service and tourism industries also grew immensely during this period. The PAP has remained in power since independence. Some activists and opposition politicians see the government's strict regulation of political and media activities as an infringement on political rights. In response, Singapore has seen several significant political changes, such as
43255-416: Was passed by Parliament on 22 December 1965, and made retrospective to 9 August 1965. Apart from making 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
43466-439: 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
43677-448: 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
43888-512: Was replaced by Lim Yew Hock in 1956, and after further negotiations Britain agreed to grant Singapore full internal self-government for all matters except defence and foreign affairs on 3 June 1959. Days before, in the 30 May 1959 election , the People's Action Party (PAP) won a landslide victory. Governor Sir William Allmond Codrington Goode served as the first Yang di-Pertuan Negara (Head of State). PAP leaders believed that Singapore's future lay with Malaya, due to strong ties between
44099-427: Was signed on 6 February 1819. In 1824, a further treaty with the Sultan led to the entire island becoming a part of the British Empire . In 1826, Singapore became part of the Straits Settlements , then under the jurisdiction of British India . Singapore became the regional capital in 1836. Prior to Raffles' arrival, there were only about a thousand people living on the island, mostly indigenous Malays along with
44310-410: Was staunchly anti-communist, and it was suspected UMNO would support the non-communist factions of PAP. UMNO, initially sceptical of the idea of a merger due to distrust of the PAP government and concern that the large ethnic Chinese population in Singapore would alter the racial balance in Malaya on which their political power base depended, became supportive of the idea of the merger due to joint fear of
44521-442: Was vested in the President and made exercisable by him or by the Cabinet , while the legislative powers of 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
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