Law of Singapore
The law of Singapore is the sum judicially enforceable social norms in Singapore.
Legal History
After in 1819 the Sultan of Johore had with Stamford Raffles signed a friendship and mutual assistance treaty, it came through the 2nd Charter of Justice in 1826 establishing the Court of Judicature of Prince of Wales Iceland, Singapore and Malacca. In the area of today's Singapore for the first time there was a court system according to the Western understanding. In the Straits Settlements was founded in the same British Crown summed up their colonies in Southeast Asia together and placed it under Indian presidency. When in 1867 the Straits Settlements were detached from India, took the place of the Court of Judicature of Prince of Wales Iceland, Singapore and Malacca, the Supreme Court of the Straits Settlements. This began the independence of the legal system. The Supreme Court was under the court of first instance and only the Privy Council in London; until six years later with the Court of Appeal Court of Appeal own.
After the Second World War and the occupation of Singapore by the Japanese, the Straits Settlements were dissolved and an independent colony. 1965 was followed by the independence of Malaysia. The law of Singapore is its core largely of rezipiertem English law. Only in 1993 ended with the Application of English Law Act strict accordance with the law of England, in 1994 succeeded to the Privy Council as the court of last instance from. Nevertheless, Singapore is part of the common law legal system; the connections to the English law remain strong.
Sources of law
In Singapore, three types of sources of law must be observed that confront each other in a hierarchical relationship: First up is the Constitution of Singapore, it is subordinate to the whole statute law. Laws of Singapore legislature are doing this in all others, especially English, laws. Through the Application of English Law Act 1993, all laws of the English Parliament are now listed exhaustively, which must be observed also in Singapore; these are:
- Mercantile Law Amendment Act 1856
- Policies of Assurance Act 1867
- Factors Act 1889
- Partnership Act 1890
- Marine Insurance Act 1906
- Third Party ( Rights against Insurers ) Act 1930
- Corporate Bodies ' Contracts Act 1960
- Misrepresentation Act 1967
- Unfair Contracts Terms Act 1977
- Sale of Goods Act 1979
- Supply of Goods and Services Act 1982
- Minors ' Contracts Act 1987
- Carriage of Goods by Sea Act 1992
In the absence of statute law common law applies.
For the doctrine of stare decisis, the following applies in Singapore: As in England, the binding effect also applies to Singapore only with respect to the ratio decidendi. The Court of Appeal was bound to 1994 at its own precedents. With the abolition of appeal to the Privy Council was the Court of Appeal at the same time highest court and declared no longer adequate to its own precedents to be bound:
"It is proper did the Court of Appeal Should not hold Itself bound by any previous Decisions of its own or of the Privy Council, Which by the rules of precedent prevailing prior to 8 April 1994 were binding on it, in any case where adherence to examined prior Decisions would cause injustice in a Particular case or constrain the development of the law in conformity with the Circumstances of Singapore. THEREFORE, Whilst this court will continue to search prior Decisions as normally binding, this court wants Whenever it Appears right to do so, depart from seeking prior Decisions. Bearing in mind the danger of disturbing retrospectivity contractual, proprietary and other legal rights, this power will be Exercised sparingly. This statement is not Intended to affect, the use of precedent in the High Court or in any subordinate courts. "