
Introduction to Legal Writing and Research
- Each branch of the government operates independently of the other and each should not interfere with the functions of the other. However, there exist a power to strike down an unconstitutional law enacted by the Legislature or an Executive act. Explain the concept of separation of power in Singapore and discuss why it is necessary for such separation to exist.
- Explain the hierarchy of the Singapore court system, and the jurisdictions of the various courts.
Include in your response the modes of dispute resolution.
Experts Answer on Above Questions on Law
Separation of powers in Singapore
Separation of power is defined as the distribution of government authority into three important branches including the legislature, executive and Judiciary. It is the Constitution that provides the framework for this kind of arrangement in Singapore. The legislature is known for making laws while the executive formulates the policies and administers the state, and the judiciary interprets and applies the law. But there is no rigid separation followed in Singapore because the country follows a Westminster style parliamentary system. There is a clear overlap between the legislature and the executive and the judiciary is responsible for performing the judicial function independently by deciding disputes and interpreting legislation.
Why separation of power is necessary
The separation of power is necessary because it prevents concentration of governmental power, provides checks and balances, protects constitutional Supremacy and protects the rule of law. It is also effective in preventing arbitrary executive action as the executive authorities cannot simply exercise public powers without legal Authority.
The analysis therefore implies that the separation of power in Singapore is not intended to create three completely isolated branches. Its aim is to create distinct governmental functions together with institutional checks and balances, so that the power remains the subject to the constitution and the law.
Hierarchy of Singapore Court system, jurisdiction and dispute resolution
There are three main groups of Singapore judiciary and this include the supreme court, state court and family justice court. The supreme court comprises the court of appeal and the high court, and the High Court has general division, appellate division and Singapore international commercial court. The State Court is responsible for dealing with the majority of the Singapore Civil and Criminal Case loads. They are district courts, magistrate court, coroners court and specialist tribunals. Finally it is the family justice Court and they are known as specialist Court that deals with family and youth related matters. They include the family court, youth court and family division of the High Court.
Modes of dispute resolution in Singapore
Singapore court emphasises on alternative dispute resolution in resolving disputes quickly and at lower cost. The methods followed on mediation, conciliation, neutral evaluation, arbitration and litigation. The Singapore dispute resolution Framework combines court litigation with ADR mechanism, specifically mediation, conciliation, neutral evaluation and arbitration in order to resolve civil and commercial disputes.
| This model answer is reviewed by Lee Ming Hui, Corporate Law graduate offering guidance and support with civil and contract law tasks. Disclaimer: This answer is a model for study and reference purposes only. Please do not submit it as your own work. |
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