2 tutorial qns: devt of sg's legal institutions and exec branch Flashcards
(11 cards)
factor most impt to the development of SG’s legal system?
colonialism
- legal inst mirror UKs
- adopted legal trad of common law from UK (thru Regina v Willans 1858)
- follow certain Acts under Second Charter of Justice (uk doesnt)
- after indep cont follow UK thru “Application of English Law Act” AELA
unique aspects of SG legal system state 3
1 existence of Syariah court
2 roles of Judicial Commissioners and Supernumeraries exist
3 judiciary tends to place imperatives over indiv rights – legal > social justice
unique aspect of sg system: syariah court
jurisdiction to hear cases involving Muslim Laws
– related to marraige, divorce, betrothal, nullity of marraige/seperation, disposition/disposal of property upon divorce, payment of mas-kahwin (maintenance) and matta’ah (consolatory gifts)
Cases appealable to Majils Ugama Islam, Singapura, or just Majlis
unique aspect of sg system: judicial commissioners and supernumeraries
help curtail lack of judges in court
judicial commissioners: persuade practitioners to take up the position for a term b4 going back to private prac
supernumeraries: judges >65y/o past retirement age who stay as judges 1-3y terms, contractual basis
whats the westminster system of govt?
- president largely ceremonial role
- head of govt – PM, elected by cabinet not the people
- cabinet of MPs (legislative branch) chosen by PM
how does the westminster system of govt differ from other systems?
less distinct seperation of powers
Why do you think most govts around the world are organised around 3 branches: legislative, executive, and judicial? 3
1 ensure a check and balance of power / seperation of power
2 creates clear boundaries for each branch
3 facilitates org and function of society – predictable mannerisms of govt functions
Why is it often said that the executive branch of the govt is the most powerful branch of govt?
exec – pass exec orders, veto legislations = power to stall legislature and enforce own agenda
judiciary no part in law making – interprets it
- seperation betw judiciary and exec blurring
why is the exec branch of govt more powerful w westminster model
merged exec and judiciary = 1 parliament = members both write and enforce the law
is it fair that the prime minster has sm power even tho hes not elected by the ppl?
its usually obvious whos running for PM, each party led by their Secretary Generals
parties appoint their leaders (opp party leader, incumbent PM),
PM appointed by MPs who r voted for by ppl = indirect trust and mandate
what makes the EXEC branch of SGs parliament unique 3
parliament must seek approval from Council of Presidential Advisors – for matters abt appotinments and reserves
all bills must be approved by Presidential Council for Minority Rights
AG – dual role of Govt Legal Advisor + Public prosecutor (cld be perceived as adding pols to judiciary)
