International Legal Perspective | Introduction to Singapore's Legal System (Part 1) — The Rule of Law Foundation Rooted in Common Law

Introduction to Singapore’s Legal System (I) – The Foundation of the Rule of Law Rooted in Common Law

Singapore's sources of law follow a clear hierarchy of authority, with the Constitution at the top, creating a four-tiered system structured as "Fundamental Law—Legislation—Subsidiary Legislation—Case Law," while also incorporating international treaties and customary law as supplementary elements.

Legal sources in Singapore follow a clear hierarchy of effectiveness, with the Constitution at the top, forming a four-tiered system of "fundamental law, legislation, subsidiary legislation, and precedent law," while also incorporating international treaties and customary law as supplementary elements.

After Singapore gained independence in 1965, its Constitution was enacted, establishing the country as a "parliamentary republic." It clearly outlines the principle of separation of powers and enshrines fundamental citizens' rights, making it the "supreme law." Key features of the Constitution include stringent amendment procedures: any constitutional revision must first secure approval from two-thirds of the parliamentary members, followed by the President's signature to take effect—and certain provisions, such as those governing the presidential election system, even require a nationwide referendum. In 2023, when amendments were introduced to include "digital citizenship rights," a three-month public consultation period was held, gathering more than 20,000 submissions from citizens. The Constitution strikes a careful balance between safeguarding and limiting these rights: while it explicitly guarantees freedoms like speech, assembly, and religious belief, it also empowers the government to impose lawful restrictions under specific circumstances—such as "national security" or "public order." Notably, when the Foreign Interference (Countermeasures) Act was introduced in 2021, the government invoked Article 14 of the Constitution—the very provision that allows for limitations on freedom of speech—as the legal foundation for the legislation.

The Constitution enacted after Singapore's independence in 1965 established the nation as a "parliamentary republic," clearly defined the principle of separation of powers, outlined citizens' fundamental rights, and affirmed its status as the "supreme law." Key features of the Constitution include stringent thresholds for amending legislation: constitutional amendments must secure a two-thirds majority vote from members of parliament and be formally signed into effect by the president. Additionally, certain provisions—such as those governing the presidential election system—require a nationwide referendum. When the "Digital Citizen Rights" clause was introduced into the revised law in 2023, a three-month public consultation period was conducted, gathering more than 20,000 responses. The Constitution strikingly balances the protection and limitation of rights, explicitly guaranteeing freedoms like speech, assembly, and religious belief, while also empowering the government to impose lawful restrictions under circumstances such as national security or public order. Notably, Article 14 of the Constitution—the "Restriction of Freedom of Speech Clause"—served as the legislative foundation when the Foreign Intervention (Countermeasures) Law was introduced in 2021.

Legislative power is jointly exercised by the "President + Parliament," creating a complete process of "proposal—deliberation—signature."

Legislative power is jointly exercised by the President and Parliament, creating a comprehensive process known as "proposal review and signature."

Singapore's Parliament leads legislation, and it consists of 93 members (including elected MPs, NCMP , NMP), responsible for drafting and reviewing legislation. Over 90% of the bills introduced are "government bills" proposed by government departments; for instance, the Cross-Border Insolvency Act and the Data Protection Amendment Act, both passed in 2024, fall into this category.

The Singapore Parliament leads legislation and consists of 93 members (including elected MPs, Non-Constituency MPs, and Nominated Members of Parliament), who are responsible for drafting and reviewing bills. Over 90% of the "government bills" proposed come from government departments—examples of such legislation include the Cross-Border Insolvency Law and the Data Protection Amendment Law, both of which were passed in 2024.

The president holds the power of checks and balances; bills passed by parliament require the president’s signature to take effect, and the president has the right to veto legislation "related to national defense, fiscal reserves," and other such matters. In 2022, President Halimah temporarily withheld signing the "CPF Investment Amendment Bill," urging the government to provide a supplementary report assessing pension protection measures.

The president holds the power of checks and balances, and bills passed by parliament must be signed by the president to become law. The president has veto authority over legislation related to national defense and fiscal reserves. In 2022, President Halimah suspended the signing of the Provident Fund Investment Amendment Act and asked the government to provide additional details for the pension security assessment report.

The Cabinet, various ministries, and statutory bodies—such as Singapore's Monetary Authority (MAS)—can enact subsidiary legislation like regulations and detailed rules under parliamentary authorization, accounting for more than 70% of all legal documents. A key feature of this approach is its "targeted focus and flexible revision process," as exemplified by MAS's 2023 amendments to the Payment Services Regulations 》, the regulatory update for cryptocurrency trading was completed in just two months—far faster than the typical parliamentary legislative cycle.

The Cabinet, various ministries, and statutory bodies—such as the Monetary Authority of Singapore (MAS)—may enact subsidiary legislation like rules and regulations based on parliamentary authorization, accounting for more than 70% of all legal documents. Its key characteristics are "strong targeting and flexible revision," as exemplified by the "Payment Services Regulations," which MAS revised in 2023. This update to cryptocurrency transaction regulations was completed in just two months—far quicker than the typical legislative cycle in parliament.

As a common law country, Singapore courts' rulings constitute case law and are binding on lower courts.

As a common law country, Singapore's court judgments serve as case law and are binding on lower courts.

The Supreme Court's precedents are binding on all courts, while national court rulings carry only persuasive value. In 2023, the High Court overturned a 2018 District Court ruling in the "Shareholder Representative Litigation Case involving a Multinational Corporation," clearly defining the "burden of proof in derivative lawsuits."

The precedents of the Supreme Court are binding on all courts, whereas the precedents of national courts carry only advisory value. In 2023, the High Court overturned a 2018 regional court precedent and clarified the "standard of proof for derivative litigation" in the "shareholder representative lawsuit case involving a multinational corporation."

Singapore has also undertaken a degree of local adaptation of British case law. In 1993, the "Application of English Law Act" was passed, explicitly stating that "British precedents may only be applied if they do not conflict with local legislation and are consistent with Singapore's national conditions." For instance, in the area of marital property division, Singapore courts have refrained from adopting the British principle of "unconditional equal division," instead opting for a discretionary approach that takes into account "contributions and needs."

Singapore has also seen some localization of British case law. In 1993, the Application of English Law Act was passed, clarifying that "English precedents may only be applied when they do not conflict with local legislation and are consistent with Singapore's national conditions." In the area of marital property division, Singapore courts have refrained from adopting the UK's principle of "unconditional equal division," instead opting for a discretionary approach that "takes into account contributions and needs."

Although Singapore adheres to the principle of separation of powers, it has developed a unique institutional framework characterized by "executive leadership, judicial independence, and legislative collaboration," with the three branches achieving checks and balances—and ensuring efficient operation—through careful system design.

Although Singapore adheres to the principle of separation of powers, it has developed a distinctive structure characterized by "executive leadership, judicial independence, and legislative synergy," which is carefully balanced and efficiently operated through institutional design.

The core of executive power is the Cabinet, which consists of the Prime Minister and 19 ministers, and its operational characteristics are as follows:

The core of administrative power is the Cabinet, which comprises the Prime Minister and 19 ministers, and its operational characteristics are reflected in:

Collective responsibility system: Cabinet members are all lawmakers and must collectively answer to the parliament. In 2024, the Minister of Transport resigned before Parliament following a subway delay incident, highlighting the strictness of the "accountability mechanism."

Collective responsibility system: Cabinet members are all members of parliament and collectively accountable to the parliament. The resignation of the Minister of Transport to Parliament in 2024 due to subway delays underscores the rigor of the accountability mechanism.

The Attorney General’s dual role: serving as the government’s chief legal advisor while also holding the discretion to decide whether to prosecute criminal cases. In 2023, regarding a high-profile internet influencer’s “false information case,” the Attorney General opted not to press charges, citing “low societal harm,” which sparked widespread public debate over the criteria for prosecution.

The Attorney General holds a dual role: serving as the government's chief legal advisor, while also retaining the discretion to decide whether to prosecute a case. In 2023, the Prosecutor General chose not to pursue charges against a certain internet celebrity in the "false information case," citing "low social harm" as the reason—a decision that sparked a heated public debate over the criteria for prosecution.

In addition to exercising legislative powers, the parliament also undertakes oversight functions. The composition of the parliamentary members is highly diverse: out of the 93 lawmakers, 83 are elected Members of Parliament (MPs), 3 are Non-Constituency MPs (NCMPs)—representatives from the highest-performing losing political parties—and 7 are Nominated Members of Parliament (NMPs), professionals appointed by the President. In 2024, an environmental expert among the NMPs successfully championed the amendment to the Carbon Footprint Disclosure Act.

In addition to exercising legislative power, the parliament also performs supervisory functions. The composition of its members is relatively diverse, featuring 83 elected members (GE), 3 non-constituency members (NCMP, from the political party that came in second place but missed out on a seat), and 7 nominated members (NMP, professionals appointed by the president), bringing the total membership to 93. In 2024, environmental experts among the NMP successfully advocated for amendments to the Carbon Footprint Disclosure Act.

Additionally, the bill must be reviewed by a specialized committee—such as the "Joint Committee on Trade, Industry, and Law," which previously held 12 hearings for the Intellectual Property Amendment Bill, gathering 28 pieces of feedback from businesses and the legal community.

Additionally, the bill must be reviewed by a specialized committee. For instance, the "Intellectual Property Amendment Act" was previously examined by the Joint Committee on Trade, Industry and Law, which held 12 hearings and incorporated 28 opinions from businesses and the legal community.

Judicial power is exercised by the Supreme Court and the National Courts, with its independence safeguarded through a triple mechanism:

Judicial power is exercised by the Supreme Court and national courts, and its independence is ensured through a triple mechanism:

Term and Salary Protection: Supreme Court justices serve for life (with the option to extend beyond the mandatory retirement age of 65), and their salaries are independently set by the "Judicial Salaries Commission"—guaranteed to be no lower than the level of cabinet ministers.

Term and salary guarantee: Supreme Court judges serve for life (with mandatory retirement at age 65, which can be extended), and their salaries are independently set by the Judicial Remuneration Committee—guaranteed to be no lower than the level of cabinet ministers.

Administrative Independence: The administrative management of the courts is handled by the "Judicial Administration Department," which operates independently of the Ministry of Justice. In 2023, the Supreme Court decided on its own to establish a "Specialized Division for Commercial Litigation," without requiring government approval.

Administrative independence: The administrative management of courts is the responsibility of the "Judicial Administration Department" and remains free from interference by the Ministry of Justice. In 2023, the Supreme Court will independently decide to establish a "Commercial Litigation Special Court," eliminating the need for government approval.

Constitutional Review Authority: The Supreme Court has the power to declare legislative or executive actions unconstitutional. In 2022, the High Court ruled that "an administrative order issued by a certain ministry restricting speech on social media" was unconstitutional, prompting the government to immediately withdraw the order.

Constitutional review power: The Supreme Court has the authority to declare legislative or administrative actions unconstitutional. In 2022, the High Court ruled that an administrative order issued by a certain department to restrict social media speech was unconstitutional, and the government promptly revoked the order.

Singapore's court system is structured into three tiers, covering all types of disputes—including civil, criminal, and family matters—and is renowned for its "efficiency and expertise." On average, civil cases are resolved in just 4.2 months.

The Singapore court system is divided into three levels, handling all types of disputes—including civil, criminal, and family matters—and is renowned for its efficiency and professionalism. The average trial duration for civil cases is just 4.2 months.

Composed of the Court of Appeal and the High Court, it serves as the highest judicial body. The Court of Appeal consists of the Chief Justice and five Appeal Judges, functioning as the final court of appeal, and hears approximately 300 significant appellate cases each year. Notably, the judgment in the "certain cross-border M&A antitrust case" heard in 2023 has since been cited by courts in countries such as the UK and Australia.

Composed of the Court of Appeal and the High Court, it serves as the highest judicial institution. The appellate court is made up of the Chief Justice and five appellate judges, functioning as the final court of appeal and handling approximately 300 major appeal cases each year. The verdict in the "Cross-border Mergers and Acquisitions Anti-Monopoly Case," heard in 2023, has since been cited by courts in countries such as the UK and Australia.

The High Court has jurisdiction over civil cases with claims exceeding SGD 500,000, as well as criminal cases involving the death penalty or life imprisonment. It also features specialized divisions, including Commercial, Intellectual Property, and Maritime Courts. In 2024, the Commercial Division handled cases totaling SGD 28 billion in value.

The High Court has jurisdiction over civil cases where the litigation value exceeds SGD 500,000, as well as criminal cases involving the death penalty and life imprisonment. It also features specialized divisions dedicated to commercial, intellectual property, maritime, and other areas of law. In 2024, the Commercial Division handled a total of SGD 28 billion worth of cases.

As the court of first instance, it handles over 300,000 cases annually, accounting for 92% of the court's total caseload, including:

As the court of first instance, it handles over 300,000 cases annually, accounting for 92% of all court cases, including:

Ordinary Courts: The District Court (for civil cases involving amounts between S$100,000 and S$500,000, or criminal cases carrying a sentence of up to 10 years in prison) and the Magistrates' Court (for civil cases below S$100,000 or criminal cases punishable by up to 3 years in prison).

Ordinary courts: District courts (civil cases ranging from SGD 100,000 to SGD 500,000, with criminal penalties including up to 10 years in prison) and Magistrates' Courts (civil cases involving amounts under SGD 100,000, with criminal penalties capped at up to 3 years in prison).

Specialized Courts: These include the Small Claims Court (for cases valued at or below SGD 30,000, where legal representation is not required), the Labour Dispute Tribunal (which handles salary-related disputes), and the Coroner’s Court (responsible for investigating unnatural deaths). In 2023, the Small Claims Court achieved a case closure rate of 98%, with an average hearing duration of just 14 days.

Specialized courts include small claims courts (for cases involving amounts ≤ SGD 30,000, where legal representation is not required), labor dispute courts (handling salary-related disputes), autopsy courts (investigating non-natural deaths), and more. In 2023, the settlement rate for small claims court cases is expected to reach 98%, with an average trial duration of just 14 days.

Established in 2014, the independent court system focuses exclusively on family and juvenile cases. The Family Court handles divorce and custody disputes, while the Juvenile Court deals with criminal offenses committed by minors under the age of 16. Additionally, the Family Division of the High Court has jurisdiction over divorce cases involving property claims exceeding S$5 million. Guided by the principle of prioritizing mediation, the court mandates that all divorce cases first undergo mandatory mediation—resulting in a remarkable 67% success rate in mediations during 2024, significantly reducing litigation costs.

The independent court system, established in 2014, focuses on handling family and youth cases. The Family Court deals with divorce and custody disputes, while the Youth Court handles crimes committed by minors under the age of 16. Additionally, the Family Division of the High Court has jurisdiction over divorce cases involving property assets exceeding SGD 5 million. The court adheres to the principle of prioritizing mediation and mandates that all divorce cases undergo mediation first. By 2024, the mediation success rate is expected to reach 67%, significantly cutting down litigation costs.

Singapore's legal profession operates under a system characterized by "strict entry requirements and rigorous regulation." Currently, there are approximately 6,800 practicing lawyers in the country, translating to about 110 lawyers per 100,000 inhabitants—a ratio that reflects a high level of professional expertise widely recognized on the global stage.

Singapore's legal profession operates under a rigorous admission and supervision system, boasting around 6,800 practicing lawyers and maintaining an average of 110 lawyers per 100,000 population. The professional standards are internationally acclaimed.

In 2023, the Ministry of Justice (MinLaw) passed the Legal Profession Amendment Act, introducing significant changes to the lawyer admission system.

The Ministry of Justice (MinLaw) will introduce the "Legal Professional Amendment Act" in 2023, which will bring significant changes to the lawyer admission system.

First, there is the dual-path admission system: practicing lawyers must pass Singapore’s Legal Practice Qualifying Examination (Part B), complete a one-year internship program, and obtain a Provisional Practising Certificate before they can begin practicing. Non-practicing lawyers, on the other hand, only need to pass Part B without undergoing an internship, allowing them to earn the "Non-Practising Lawyer" qualification and pursue roles such as corporate legal counsel.

The first is dual-pathway access: practicing lawyers must pass the Singapore Bar Examination (Part B), complete a one-year internship, and obtain a Temporary Practice Certificate (Provisional PC) before they can begin practicing. Non-practicing lawyers, on the other hand, need only pass Part B of the exam—but they are not required to complete an internship—to earn the qualification of "Lawyer (Non-Practicing)" and take on legal roles for corporate clients.

Second, the internship system has been revamped to allow 3-month internships to be completed within corporate legal departments, addressing the issue of "insufficient internship slots at law firms." In 2024, the first group of 120 interns will participate in this new model.

The second initiative is the reform of the internship system, which allows interns to complete a 3-month internship in the enterprise’s legal department, thereby addressing the issue of "insufficient internship quotas at law firms." The first group of 120 interns will implement this model in 2024.

It is divided into "Solicitors" and "Barristers," though the distinction is less clear-cut than in the UK.

Divided into "Solicitor" and "Barrister," but the distinctions are more blurred than in the UK.

Transactional lawyers account for 95% of the profession and are qualified to handle both litigation and non-litigation matters, regulated by the Law Society of Singapore. Violations of professional ethics may result in fines, suspension of practice, or even revocation of a lawyer's license. In 2023, three lawyers were suspended from practice for six months due to "failure to disclose conflicts of interest."

95% of the total number of lawyers are Solicitors, who are qualified to handle both litigation and non-litigation matters and are regulated by the Law Society of Singapore. Violations of professional ethics can result in fines, suspension of practice, or even revocation of a lawyer's license. In 2023, three lawyers were suspended from practicing for six months due to undisclosed conflicts of interest.

There are only about 300 barristers, all of whom require approval from the Chief Justice and specialize in high-end litigation representation, particularly in cases before the Supreme Court.

There are only about 300 Barristers, who require approval from the Chief Justice and specialize in high-end litigation representation, particularly in Supreme Court cases.

To enhance efficiency, Singapore has established a robust legal support system. Legal Executives, who must pass a professional exam, can assist lawyers with tasks such as contract drafting and property transfer procedures—but they are not permitted to represent clients in court. Meanwhile, the newly introduced Chartered Legal Executive qualification, launched in 2022, enables these professionals to independently handle straightforward cases like small claims, charging only 50% of what lawyers typically charge. This innovative approach effectively lowers the barrier to accessing legal services.

To enhance efficiency, Singapore has established a comprehensive legal assistance system. Legal Executives are required to pass professional exams and can assist lawyers in drafting contracts, transferring property rights, and handling other matters—but they are not authorized to appear in court for defense. The newly introduced Chartered Legal Executive qualification, added in 2022, allows these professionals to independently manage simpler cases, such as small claims. Importantly, their fees are just 50% of what lawyers charge, effectively lowering the barrier to accessing legal services.

Singapore's legal system achieves a balance between "fairness and efficiency" through a series of distinctive mechanisms, solidifying its position as a global hub for the rule of law.

The Singapore legal system strikes a balance between "fairness and efficiency" through a series of distinctive mechanisms, solidifying its position as an international legal hub.

In 1969, the civil jury system was abolished, and in 1994, the criminal jury system was also dismantled, transitioning instead to "judge-alone trials" or "panel trials." This change was driven by the government's belief that juries were susceptible to public opinion and that trial processes tended to be lengthy. According to 2023 data, the average duration of criminal cases has now been reduced by 40% compared to the era when juries were still in place.

In 1969, the civil jury system was abolished, and in 1994, the criminal jury system was also dismantled and replaced with either a "judge-only trial" or a "collegiate bench trial." The government justified this change by arguing that juries are easily swayed by public opinion, while trial durations tend to be lengthy. According to 2023 data, the average trial length for criminal cases has been reduced by 40% compared to the jury era.

However, there are exceptions—only in a very limited number of cases, such as "incitement to rebellion," can the Attorney General apply to convene a jury—but no such cases have arisen in the past two decades.

However, there are also exceptions—only in a very small number of cases, such as "inciting rebellion," can the Attorney General apply to use a jury, but there haven’t been any such cases in the past 20 years.

Singapore is Asia's ADR hub, and in 2024, 62% of civil and commercial disputes were resolved through non-litigation methods.

Singapore is an ADR hub in Asia, with 62% of civil and commercial disputes resolved through non-litigation methods in 2024.

Court-Annexed Mediation: Mandatory pre-litigation mediation conducted by court-approved mediators, with successful mediations eligible for court confirmation of their enforceability.

Court-annexed mediation: Mandatory mediation conducted prior to litigation, overseen by a mediator recognized by the court. If mediation is successful, the court may apply for confirmation of its effectiveness.

International Arbitration Advantage: In 2023, the Singapore International Arbitration Centre (SIAC) handled 587 cases involving parties from 45 countries, with the total value of disputes reaching S$12 billion—placing it third globally.

Advantages of International Arbitration: The Singapore International Arbitration Centre (SIAC) handled 587 cases in 2023, involving parties from 45 countries and totaling SGD 12 billion—placing it third globally in terms of case volume.

Singapore's court system is one of the most digitally advanced judicial systems in the world. Singapore's eLitigation platform enables the entire litigation process—filing, evidence submission, and courtroom proceedings—to be conducted entirely online, with 96% of cases filed electronically in 2023. Additionally, Singapore has introduced AI-powered systems to review contracts and predict case outcomes. After implementing AI in its Commercial Division of the High Court, document-processing efficiency improved by 35%.

Singapore's courts boast one of the most digitized judicial systems in the world. Singapore’s eLitigation platform allows the entire process of filing lawsuits, presenting evidence, and conducting court hearings to take place online, with an online filing rate reaching 96% by 2023. Additionally, Singapore has rolled out AI systems to review contracts and predict judgment outcomes. Since implementing AI, document-processing efficiency in the High Court’s Commercial Division has improved by 35%.

Singapore, with its robust legal system, has emerged as a global hub for international commercial dispute resolution and legal services.

Singapore, with its comprehensive legal system, has emerged as an international hub for resolving commercial disputes and delivering legal services.

In the global rule of law rankings, Singapore has remained No. 1 worldwide for "International Commercial Arbitration Friendliness" for 10 consecutive years and was named the "Best Cross-Border Litigation Venue" by the International Chamber of Commerce (ICC) in 2024.

In terms of international rule-of-law rankings, Singapore has topped the world for "friendliness in international commercial arbitration" for 10 consecutive years and was named the "Best Cross-Border Litigation Venue" by the International Chamber of Commerce (ICC) in 2024.

In terms of legal services exports, the legal industry generated a total output value of S$3.8 billion in 2023, with 60% of this revenue coming from cross-border activities—primarily addressing investment disputes involving Southeast Asian and Chinese companies.

In terms of legal service exports, the output value of the legal services industry is expected to reach SGD 3.8 billion in 2023, with 60% of this revenue coming from cross-border business—primarily supporting investment disputes involving Southeast Asian and Chinese enterprises.

Additionally, in terms of international legal cooperation, Singapore has signed the "Judgments Recognition and Enforcement Treaty" with 32 countries. In 2023, it facilitated the enforcement of 127 foreign judgments, representing an 83% increase compared to 2018.

Additionally, in terms of international legal cooperation, Singapore has signed the "Recognition and Enforcement of Judgments Treaty" with 32 countries and facilitated the enforcement of 127 foreign judgments in 2023—representing an 83% increase compared to 2018.