1.5.2 The legislative process begins with a bill, which is usually drafted by government legal counsel. Private member bills are not common in Singapore. During parliamentary debates on major bills, ministers often deliver speeches in defence of the bill and answer specific targeted questions from backbenchers. Members may, in certain cases, decide to refer the bill to a special committee to discuss and report to Parliament. If the report is positive or if the proposed amendments to the bill are approved by Parliament, the bill will be adopted and adopted by Parliament. the appointment of the Prime Minister, certain constitutionally appointees (p.B the Chief Justice and the Attorney General) and other significant appointments in the public service (p.B. chief of police); 1.8.14 Although legal fees in Singapore are relatively modest compared to those in the United Kingdom and Australia, they can still represent a high proportion of the income that the average Singaporean earns. In Singapore, the losing party is generally required to bear the costs (including attorneys` fees) reasonably incurred by the winning party. Lawyers in Singapore are not allowed to charge contingency fees under the Legal Profession Act (Cap. 161, 2009 Rev Ed). The Legal Aid Office of Singapore was established under the Legal Aid and Advice Act (Cap 160, 1996 Rev Ed) to provide legal advice and civil services to those in need.
1.3.2 Essentially, Singapore`s common law system is characterized by the doctrine of precedent (or stare decisis). According to this doctrine, the body of legislation is gradually created by judges through the application of legal principles to the facts of certain cases. In this regard, judges are only required to apply the ratio decidendi (or the operational reason for the decision) of the higher court within the same hierarchy. In Singapore, for example, the ratio decidendi established in the decisions of the Singapore Court of Appeal is strictly binding on the High Court of Singapore, the District Court and the Court of First Instance. In contrast, court decisions from England and other Commonwealth jurisdictions are not legally binding on Singapore. Other judicial statements (obiter dicta) of the higher court in the judgment that do not have a direct effect on the outcome of the dispute cannot be taken into account by the lower court. The Supreme Court is composed of the High Court and the Court of Appeal and has jurisdiction in civil and criminal matters. Singaporean criminal law is largely legal in nature.
The general principles of criminal law, as well as the elements and penalties of ordinary crimes such as murder, theft and fraud, are set out in the Criminal Code. [88] Other significant offences are created by legislation such as the Weapons Offences Act, the [89] Abduction Act,[90] the Drug Abuse Act,[91] and the Vandalism Act. [92] Because of its history as a British colony, English customary law is also an important part of Singapore`s legal system. In a common law system, precedents or decisions of higher courts in previous cases on the same issue must be followed by the court when deciding a case. Singapore`s Contracts, Tort and Restitution Act was created by this common law tradition. Originally, Singapore followed the English precedent. However, as the country matures, it has become increasingly independent of English law and has developed a unique Singaporean jurisprudence that incorporates best legal practices from around the world. The High Court rules on civil and criminal cases from two sources. First, it may decide on appeals by State courts in certain types of cases. In these cases, the High Court has the power to overturn the decision or request a new trial. Second, the High Court can hear certain cases at the High Court level, including: 1.3.10 Historically, in England, fairness (or the principles of fairness or justice) has been used by the courts to address the shortcomings or weaknesses of a rigid common law system. In England, in the past, chancery courts administered equity separately from common law courts.
However, such a historical demarcation is no longer significant in Singapore today. .