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Composition
and structure
Numbers of
members :
The Supreme Court Bench is made up of 15 Judges, including the Chief Justice, the Judges of Appeal, the Judges and the Judicial Commissioners.
Recruitment
procedures and incompatibilities :
The Judges of the Supreme Court are appointed by the President of Singapore on the advice of the Prime Minister. The Prime Minister is required to consult the Chief Justice before tendering his advice on the appointment of a Judge or a Judicial Commissioner. Only “qualified persons” within the meaning of Section 2 of the Legal Profession Act or persons who have been members of the Singapore Legal Service for at least 10 years are eligible for appointment.
Parliament may by law provide for the terms of office of the Judges of the Supreme Court, other than their remuneration1.
Internal
organization :
The Supreme Court is made up of the Court of Appeal and the High Court, and has jurisdiction over both civil and criminal matters.
The Supreme Court became Singapore’s final Court of Appeal on 8 April 1994 when appeals to the Judicial Committee of the Privy Council in England were abolished. The Chief Justice sits in the Court of Appeal together with the Judges of Appeal. The Court of Appeal is presided over by the Chief Justice and in his absence, a Judge of Appeal or a Judge of the High Court. The Court of Appeal is normally made up of three Judges. However certain appeals may be heard by two Judges and if necessary by five or any greater uneven number of Judges.
The High Court consists of the Chief Justice and the Judges of the High Court and has original and appellate jurisdiction. For instance, the High Court exercises original jurisdiction over civil cases where the value of the claim exceeds SGD 250,000 (EUR 125,000) and appellate jurisdiction over matters that were commenced in the subordinate courts. The High Court also exercises general supervisory and revisionary jurisdiction over all subordinate courts. Proceedings in the High Court are heard before a single Judge, unless otherwise provided by any written law.
Publications :
The Supreme Court publishes an annual report which is distributed to both local and foreign dignitaries, legal professionals and academics and which sets out its activities for the past year as well as its evolving international profile.
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Court
functions
Jurisdiction
:
The judicial power of Singapore is vested in the Supreme Court and its subordinate courts2. The Supreme Court and its subordinate courts have the jurisdiction to conduct judicial review of administrative decisions that are challenged for being ultra vires the powers of the public body, for illegality, irrationality or procedural impropriety.
Organization
of the courts system :
As the Singapore legal system does not separate the power to decide private and public law matters, the judicial power referred to in the Constitution and conferred upon the Supreme Court and its subordinate courts necessarily includes the power to hear constitutional and administrative matters. An administrative law claim can therefore be commenced before a subordinate court (District or Magistrate’s Court) or the High Court depending on the value of the claim.
The subordinate courts and the High Court have original jurisdiction over administrative law claims while the High Court and the Court of Appeal possess appellate jurisdiction over the same.
Powers of
the judge :
A High Court Judge has the power to make prerogative orders to enforce a right conferred by any written law. These prerogative orders include Mandatory Orders (mandamus) that are compulsive in nature, Prohibitory Orders (prohibition) that are injunctive in nature, Quashing Orders (certiorari) and Orders for Review of Detention (habeas corpus)2. The Judge also has the power to grant all reliefs and remedies at law and in equity, including damages in addition to, or in substitution for, an injunction or specific performance.
In this regard, Judges of the subordinate courts have the same powers as the Judges of the High Court4.
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Advisory
functions
None
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1 Art. 98(7), Constitution of the Republic of Singapore.
2 Art. 93, Constitution of the Republic of Singapore.
3 Schedule 1, Supreme Court of Judicature Act, Cap. 322.
4 Art. 31, Subordinate Courts Act, Cap. 321.
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