Sources of Law
There are generally regarded to be three sources of law in
Singapore: legislation, judicial precedents (case law) and
custom.
Legislation
Legislation, or statutory law, can be divided into statutes and
subsidiary legislation. Statutes are written laws enacted by
the Singapore Parliament, as well as by other bodies such as
the British Parliament, Governor-General of India in Council
and Legislative Council of the Straits Settlements which had
power to pass laws for Singapore in the past. Statutes enacted
by these other bodies may still be in force if they have not
been repealed. One particularly important statute is the
Constitution of the Republic of Singapore, which is the supreme
law of Singapore – any law enacted by the Legislature after the
commencement of the Constitution which is inconsistent with it
is, to the extent of the inconsistency, void. Statutes of the
Singapore Parliament, as well as English statutes in force in
Singapore by virtue of the Application of English Law Act 1993
are published in loose-leaf form in a series called the
Statutes of the Republic of Singapore which is
gathered in red binders, and are also accessible on-line from
Singapore Statutes Online, a free service provided by the
Attorney-General's Chambers of Singapore.
Judicial
Precedents As Singapore is a common law
jurisdiction; judgments handed down by the courts are
considered a source of law. Judgments may interpret statutes or
subsidiary legislation, or develop principles of common law and
equity which have been laid down, not by the legislature, but
by previous generations of judges. Major portions of Singapore
law, particularly contract law, equity and trust law, property
law and tort law, are largely judge-made, though certain
aspects have now been modified to some extent by statutes.
Since 1992, judgments of the High Court, Court of Appeal and
Constitutional Tribunal of Singapore have appeared in the
Singapore Law Reports (SLR), which is published by the
Singapore Academy of Law under an exclusive license from the
Supreme Court of Singapore. The Academy has also republished
cases decided since Singapore's full independence in 1965 in
special volumes of the SLR, and is currently working on a
reissue of this body of case law. Cases published in the SLR as
well as unreported judgments of the Supreme Court and
Subordinate Courts are available on-line from a fee-based
service called LawNet, which is also managed by the
Academy.
Custom A
custom is an established practice or course of behavior that is
regarded by the persons engaged in the practice as law. Customs
do not have the force of law unless they are recognized in a
case. 'Legal' or 'trade' customs are not given recognition as
law unless they are certain and not unreasonable or illegal. In
Singapore, custom is a minor source of law as not many customs
have been given judicial recognition.
Source: http://www.singaporelaw.sg/
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