Judicial independence in Singapore

rdf:langString Judicial independence in Singapore

rdf:langString medic

rdf:langString June 2022

rdf:langString Constitution

rdf:langString Supreme Court of Judicature Act

rdf:langString Interpretation Act

rdf:langString Subordinate Courts Act

rdf:langString Judicial independence is protected by Singapore's Constitution, statutes such as the State Courts Act and Supreme Court of Judicature Act, and the common law. Independence of the judiciary is the principle that the judiciary should be separated from legislative and executive power, and shielded from inappropriate pressure from these branches of government, and from private or partisan interests. It is crucial as it serves as a foundation for the rule of law and democracy. To safeguard judicial independence, Singapore law lays down special procedures to be followed before the conduct of Supreme Court judges may be discussed in Parliament and for their removal from office for misconduct, and provides that their remuneration may not be reduced during their tenure. By statute, judicial officers of the State Courts, and the Registrar, Deputy Registrar and assistant registrars of the Supreme Court have immunity from civil suits, and are prohibited from hearing and deciding cases in which they are personally interested. The common law provides similar protections and disabilities for Supreme Court judges. Both the State Courts and Supreme Court have power to punish for contempt of court, though only the Supreme Court may convict persons of the offence of scandalizing the court. The Chief Justice and other Supreme Court judges are appointed by the President acting on the advice of Cabinet. The President must consult the Chief Justice when appointing other judges, and may exercise personal discretion to refuse to make an appointment if he does not concur with the Cabinet's advice. Supreme Court justices enjoy security of tenure up to the age of 65 years, after which they cease to hold office. However, the Constitution permits such judges to be re-appointed on a term basis, as well as for judicial commissioners to be appointed for limited periods, including the hearing of single cases. Judicial officers of the State Courts are also appointed on a term basis by the Legal Service Commission (LSC), and can be transferred from the courts to other government departments to serve as legal officers, and vice versa. It has been claimed that this creates a risk of executive interference, although a 1986 inquiry into such allegations found no evidence of this. The courts exercise judicial review of executive actions and legislation for compliance with the Constitution, empowering statutes and administrative law principles. Though it has been noted that there is a low incidence of judicial disagreement with the executive, this may not be evidence of undue deference to the executive but may merely be that the executive has attained a high degree of fairness in its decision-making. The fact that a large number of defamation cases involving opponents of the Government have been decided in favour of the Government and members of the ruling People's Action Party has led to criticism that the judiciary is not impartial. On the other hand, it has been pointed out that the defendants in such cases have not been successful in proving the truth of the allegedly defamatory facts.