11 Aug 2020
WEEK 1: Society, Business & the Law I
Definition & Function of Law
Definition of LAW:
• A set of rights & obligations/duties, laid down by the State, by which a community regulates behaviour of members.
• These rules prescribe and govern relations between individuals, individuals & the state, & between states.
Function:
• Protects a person from the arbitrary actions of others and provides remedies when a person’s rights are infringed.
- How does law achieve this?
By stating/providing for rules that:
1.Facilitate transactions
2. Regulate conduct
3. Adjudicate disputes (& enforce the rules)
Making & Application of the Law
Structure of government in Singapore
- Function of Executive
Runs country, set policies, implement law passed by Parliament
‒ Function of legislature
The legislature is the main law-making body in Singapore.
. - Power to make law enacts legislation (written law)
- Legislative process whereby legislation is enacted,
- Bill is read 3 times before voting. If successful, written law made by parliament is legislation = statute = act of parliament
‒ Function of judiciary
Sits in courts of Singapore
- Interpret and administrate the law (Applies Law)
- Decision becomes case-law
(E.g. CJ, Judges, Judicial commissioners, districts judges, magistrates)
‒ Court structure
Sources of Law
‒ Constitution
- Supreme law of the land, prevails over all other laws
- Lays down structure of the government
- Basic principle: Freedom of religion, speech, expression and equality
‒ Acts of Parliament (Written Law)
‒ Subsidiary legislation (Written Law)
- Laws made under authority delegated by Parliament (Minister to Committees)
‒ Case law (Judge Made Rules)
- Past cases decided by judges
- Stare Decisis (Theory of Binding Precedence)
i. Vertical: Lower courts have to follow decision of higher courts
ii. Horizontal: Court of Appeal not bound by own previous decisions, adapting
to new changes/trends
‒ Customary law
‒ International law (Treaties & Conventions)
Law made applicable through international treaties, mutual agreements by countries
to abide and enact.
‒ English law
Application of English Law
2nd Charter of Justice 1826 made English Law as 27/11/1826 applicable in Singapore
(General Reception of English Law)
Conditions of General Reception:
- Only of General policy and application (Must be relevant, LondonTownPlanning Act
not brought in)
- Subject to local legislation
Subsequently,
Application of English Law Act enacted, as there are confusion over the interpretation and
application of law to SG and came about Specific Reception.
-S3. English common law (case law) and equity continues to apply
-S4. English Acts listed in 1st Schedule or specified in any other written law are applicable
-S5. No other English Act applicable
WEEK 1: Society, Business & the Law I
Definition & Function of Law
Definition of LAW:
• A set of rights & obligations/duties, laid down by the State, by which a community regulates behaviour of members.
• These rules prescribe and govern relations between individuals, individuals & the state, & between states.
Function:
• Protects a person from the arbitrary actions of others and provides remedies when a person’s rights are infringed.
- How does law achieve this?
By stating/providing for rules that:
1.Facilitate transactions
2. Regulate conduct
3. Adjudicate disputes (& enforce the rules)
Making & Application of the Law
Structure of government in Singapore
- Function of Executive
Runs country, set policies, implement law passed by Parliament
‒ Function of legislature
The legislature is the main law-making body in Singapore.
. - Power to make law enacts legislation (written law)
- Legislative process whereby legislation is enacted,
- Bill is read 3 times before voting. If successful, written law made by parliament is legislation = statute = act of parliament
‒ Function of judiciary
Sits in courts of Singapore
- Interpret and administrate the law (Applies Law)
- Decision becomes case-law
(E.g. CJ, Judges, Judicial commissioners, districts judges, magistrates)
‒ Court structure
Sources of Law
‒ Constitution
- Supreme law of the land, prevails over all other laws
- Lays down structure of the government
- Basic principle: Freedom of religion, speech, expression and equality
‒ Acts of Parliament (Written Law)
‒ Subsidiary legislation (Written Law)
- Laws made under authority delegated by Parliament (Minister to Committees)
‒ Case law (Judge Made Rules)
- Past cases decided by judges
- Stare Decisis (Theory of Binding Precedence)
i. Vertical: Lower courts have to follow decision of higher courts
ii. Horizontal: Court of Appeal not bound by own previous decisions, adapting
to new changes/trends
‒ Customary law
‒ International law (Treaties & Conventions)
Law made applicable through international treaties, mutual agreements by countries
to abide and enact.
‒ English law
Application of English Law
2nd Charter of Justice 1826 made English Law as 27/11/1826 applicable in Singapore
(General Reception of English Law)
Conditions of General Reception:
- Only of General policy and application (Must be relevant, LondonTownPlanning Act
not brought in)
- Subject to local legislation
Subsequently,
Application of English Law Act enacted, as there are confusion over the interpretation and
application of law to SG and came about Specific Reception.
-S3. English common law (case law) and equity continues to apply
-S4. English Acts listed in 1st Schedule or specified in any other written law are applicable
-S5. No other English Act applicable
