Jonah Patel
Singapore is a republic and a parliamentary democracy with a written constitution that came into force on June 2, 1959. The constitution provides for a head of state, a prime minister, a cabinet, and a unicameral parliament. While Singapore's constitution is the supreme law of the land, the country's legal system is characterized by parliamentary sovereignty, with the courts adopting a philosophy of deference to parliament. This means that the constitution can be amended with the support of more than two-thirds of the members of parliament, and legislative power is vested in both the government and parliament.
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What You'll Learn
Singapore is a republic and a parliamentary democracy
The Legislature makes the laws of the land, the Executive administers them, and the Judiciary interprets them through the Courts. The Members of Parliament (MPs) are voted in at regular General Elections. The leader of the political party that secures the majority of seats in Parliament is invited by the President to become the Prime Minister. The Prime Minister then selects Ministers from the elected MPs to form the Cabinet. The Cabinet has the general direction and control of the government and is accountable to Parliament.
Singapore's Parliament has only one House, and legislative power is vested in both the government and the Parliament. The Parliament consists of the President as its head and a single chamber whose members are elected by popular vote. The right to vote in Singapore is an implied constitutional right, with Articles 65 and 66 providing for a maximum term of five years for each Parliament and a general election to be held within three months of Parliament's dissolution.
Singapore has been described as a de facto one-party state, with the People's Action Party (PAP) winning 89% of the seats in Parliament in the 2020 election. The Workers' Party and the Progress Singapore Party are the other two major parties in the country. While Singapore is a democratic republic, it has been rated as a "flawed democracy" by the Economist Intelligence Unit, and Freedom House deemed the press "not free" in 2015.
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The constitution came into force in 1959
Singapore's Constitution came into force in 1959, marking a significant step towards self-governance and establishing the framework for the country's political system. This pivotal moment in Singapore's history laid the foundation for its transformation into a modern,
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The constitution is the supreme law of Singapore
The Constitution of the Republic of Singapore is the supreme law of the land. It is a written constitution that came into effect on 9 August 1965, derived from the Constitution of the State of Singapore 1963, provisions of the Federal Constitution of Malaysia, and the Republic of Singapore Independence Act 1965. The Constitution provides the basic framework for the three organs of state: the Executive, the Legislature, and the Judiciary.
The Executive includes the Cabinet and the Attorney-General. The Cabinet, comprising the Prime Minister and Ministers appointed from Members of Parliament, is responsible for the general direction and control of the Government and is accountable to Parliament. The Attorney-General is the principal legal advisor to the Government and has prosecutorial powers. The Legislature, consisting of the President and Parliament, is the legislative authority responsible for enacting legislation. The Judiciary, headed by the Chief Justice, includes the Supreme Court and the State Courts, with judicial power vested in the Supreme Court and subordinate courts as provided by written law.
Singapore's Constitution can be amended with the support of more than two-thirds of Members of Parliament during the Second and Third Readings of constitutional amendment bills. However, provisions protecting Singapore's sovereignty require a national referendum with at least two-thirds approval for amendment. Additionally, the President can veto proposed amendments that affect their discretionary powers. While the Constitution is supreme, Singapore's legal system is characterised by parliamentary sovereignty, with courts adopting a philosophy of deference to Parliament and a strong presumption of constitutional validity.
Singapore's constitutional law has two categories of sources: legally binding and non-binding. Legally binding sources include the Constitution's text, judicial interpretations, and other statutes. Non-binding sources, which influence constitutional law, include soft law, constitutional conventions, and public international law. The High Court exercises original jurisdiction by conducting judicial reviews of legislation and administrative acts. While the High Court rejected the Indian Supreme Court's basic structure doctrine, it follows the Malaysian position, allowing Parliament to amend or repeal any constitutional provisions.
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The constitution can be amended with support from two-thirds of MPs
Singapore's constitution, which came into effect on 9 August 1965, is a written constitution. It is the supreme law of the land, as expressly declared in Article 4 of the Constitution. The Constitution comprises a patchwork of provisions drawn from three statutes: the Constitution of the State of Singapore 1963, the Federal Constitution of Malaysia (made applicable by the Republic of Singapore Independence Act 1965), and the Republic of Singapore Independence Act itself.
The Constitution of Singapore can be amended with support from two-thirds of Members of Parliament (MPs) during the Second and Third Readings of each constitutional amendment bill. This process is known as "exercising constituent power". It is important to note that this only applies to most Articles of the Constitution. Certain provisions, such as those protecting Singapore's sovereignty, require a national referendum with at least two-thirds support from the total votes cast for amendment.
The Singapore High Court has rejected the basic structure or basic features doctrine, which means that Parliament has the power to amend or repeal any provisions of the Constitution, even those considered fundamental. This includes the ability to amend provisions protecting fundamental liberties and Articles relating to the President's election, powers, maintenance, immunity from suit, and removal from office.
However, the President of Singapore is empowered to veto proposed constitutional amendments that directly or indirectly circumvent or curtail their discretionary powers. This is an important check and balance on the power of Parliament to amend the Constitution.
While the Constitution is considered supreme, Singapore's legal system is characterised by parliamentary sovereignty in practice. Courts generally adopt a deference to Parliament and a strong presumption of constitutional validity, which has resulted in fundamental liberties being interpreted narrowly in certain cases.
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The constitution allows for the appointment of non-elected members of parliament
The Parliament of Singapore is the unicameral legislature of the Republic of Singapore, which governs the country alongside the President of Singapore. The Parliament is made up of Members of Parliament (MPs) who are elected, as well as Non-Constituency Members of Parliament (NCMPs) and Nominated Members of Parliament (NMPs) who are appointed. The Constitution allows for up to 12 NCMPs to be declared as elected. NCMPs are declared as MPs from opposition candidates who contested in a General Election but were not voted in. They received the highest percentage of votes among the unelected candidates from the opposition parties. This ensures that there will always be a minimum number of opposition members in Parliament and that views other than the government's can be expressed. A constitutional provision for the appointment of up to nine NMPs was made in 1990 to ensure a wide representation of community views in Parliament. NMPs are appointed by the President of Singapore for a term of two and a half years on the recommendation of a Special Select Committee of Parliament chaired by the Speaker. They contribute independent and non-partisan views in Parliament.
The Singapore Constitution, which took effect on 9 August 1965, was a patchwork of provisions drawn from three statutes: the Constitution of the State of Singapore 1963, the Federal Constitution of Malaysia made applicable to Singapore by the Republic of Singapore Independence Act 1965, and the Republic of Singapore Independence Act itself. The Constitution expressly declares that it is the supreme law of the land, and Singapore courts usually adopt a philosophy of deference to Parliament and a strong presumption of constitutional validity. Most of the Constitution's Articles can be amended with the support of more than two-thirds of all the Members of Parliament during the Second and Third Readings of each constitutional amendment bill. However, provisions protecting Singapore's sovereignty can only be amended if supported by at least two-thirds of the total number of votes cast in a national referendum.
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Frequently asked questions
No, Singapore is a republic and a parliamentary democracy, with an elective, non-executive presidency.
The Government in Singapore is modelled after the Westminster system, with three separate branches: the Legislature, the Executive, and the Judiciary.
The President is the head of state in Singapore, while the Prime Minister is the head of government.
Elections, under universal adult suffrage and compulsory voting, must be held at least every five years.
Most of the Constitution's Articles can be amended with the support of more than two-thirds of all the Members of Parliament during the Second and Third Readings of each constitutional amendment bill. However, provisions protecting Singapore's sovereignty require a national referendum with at least two-thirds of the total votes cast to be amended.
