The president of the Republic of Singapore is the head of state of Singapore. The president represents the country in official diplomatic functions and possesses certain executive powers over the Government of Singapore, including the control of the national reserves and the ability to revoke and appoint public service appointments.
The Cabinet of Singapore forms the executive branch of the Government of Singapore together with the president. It is led by the prime minister who is the head of government. The prime minister is a Member of Parliament (MP) appointed by the president who in the president's judgment is likely to command the confidence of the majority of the Members of Parliament (MPs). The other ministers in the Cabinet are Members of Parliament appointed by the president acting in accordance with the advice of the prime minister. Ministers are prohibited from holding any office of profit and from actively engaging in any commercial enterprise.
The Parliament of Singapore is the unicameral legislature of the Republic of Singapore, which governs the country alongside the president of Singapore. Largely based upon the Westminster system, 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. Following the 2020 general election, 93 MPs and two NCMPs from three political parties were elected to the 14th Parliament. Throughout the sitting of Parliament, nine NMPs are usually appointed by the president on a biennial basis.
The Presidential Council for Minority Rights (PCMR) is a non-elected government body in Singapore established in 1970, the main function of which is to scrutinize most of the bills passed by Parliament to ensure that they do not discriminate against any racial or religious community. If the Council feels that any provision in a bill amounts to a differentiating measure, it will report its findings to Parliament and refer the bill back to Parliament for reconsideration. The council also examines subsidiary legislation and statutes in force on 9 January 1970. One member of the PCMR is nominated by the chairman to the Presidential Elections Committee, which is empowered to ensure that candidates for the office of President have the qualifications required by the Constitution. The President also appoints and dismisses the chairman and members of the Presidential Council for Religious Harmony ("PCRH"), established by the Maintenance of Religious Harmony Act, on the advice of the PCMR, and the PCMR is responsible for determining whether PCRH members who are not representatives of major religions in Singapore have distinguished themselves in public service or community relations in Singapore.
The Constitution of the Republic of Singapore is the supreme law of Singapore. A written constitution, the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of 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 text of the Constitution is one of the legally binding sources of constitutional law in Singapore, the others being judicial interpretations of the Constitution, and certain other statutes. Non-binding sources are influences on constitutional law such as soft law, constitutional conventions, and public international law.
There are three general sources of Singapore law: legislation, judicial precedents, and custom.
The judicial officers of the Republic of Singapore work in the Supreme Court and the State Courts to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.
A group representation constituency (GRC) is a type of electoral division or constituency in Singapore in which teams of candidates, instead of individual candidates, compete to be elected into Parliament as the Members of Parliament (MPs) for the constituency. Synonymous to the party block voting (PBV) or the general ticket used in other countries, the Government stated that the GRC scheme was primarily implemented to enshrine minority representation in Parliament: at least one of the MPs in a GRC must be a member of the Malay, Indian or another minority community of Singapore. In addition, it was economical for town councils, which manage public housing estates, to handle larger constituencies.
Presidential elections were held in Singapore on 28 August 1993. Following amendments to the Constitution in 1991, presidential elections since then are to be directly elected by citizens. Incumbent president Wee Kim Wee, who had been elected by Parliament in 1989, did not seek re-election.
The powers of the president of Singapore are divided into those which the president may exercise at their own discretion, and those they must exercise in accordance with the advice of the Cabinet of Singapore or of a minister acting under the general authority of the Cabinet. In addition, the president is required to consult the Council of Presidential Advisers (CPA) when performing some of their functions. In other cases, the president may consult the CPA if they wish to but is not bound to do so.
Presidential elections in Singapore, in which the President of Singapore is directly elected by a popular vote, were introduced after a constitutional amendment made in 1991. Potential candidates for office must meet stringent qualifications set out in the Constitution. Certificates of Eligibility are issued by the Presidential Elections Committee (PEC). In particular, the PEC must assess that they are persons of integrity, good character and reputation; and if they have not previously held certain key government appointments or were the chief executives of profitable companies with shareholders' equity of an average of S$500 million for the most recent three years in that office, they must demonstrate to the PEC that they held a position of comparable seniority and responsibility in the public or private sector that has given them experience and ability in administering and managing financial affairs.
The Constitution of the Republic of Singapore Tribunal is a tribunal established in 1994 pursuant to Article 100 of the Constitution of the Republic of Singapore. Article 100 provides a mechanism for the President of Singapore, acting on the advice of the Singapore Cabinet, to refer to the Tribunal for its opinion any question as to the effect of any provision of the Constitution which has arisen or appears to likely to arise. Questions referred to the Tribunal may concern the validity of enacted laws or of bills that have not yet been passed by Parliament.
Judicial independence is protected by Singapore's Constitution, statutes such as the State Courts Act and Supreme Court of Judicature Act, and the common law. Independence of the judiciary is the principle that the judiciary should be separated from legislative and executive power, and shielded from inappropriate pressure from these branches of government, and from private or partisan interests. It is crucial as it serves as a foundation for the rule of law and democracy.
Yong Vui Kong v. Public Prosecutor was a seminal case decided in 2010 by the Court of Appeal of Singapore which, in response to a challenge by Yong Vui Kong, a convicted drug smuggler, held that the mandatory death penalty imposed by the Misuse of Drugs Act ("MDA") for certain drug trafficking offences does not infringe Articles 9(1) and 12(1) of the Constitution of Singapore.
Article 14 of the Constitution of the Republic of Singapore, specifically Article 14(1), guarantees to Singapore citizens the rights to freedom of speech and expression, peaceful assembly without arms, and association. However, the enjoyment of these rights may be restricted by laws imposed by the Parliament of Singapore on the grounds stated in Article 14(2) of the Constitution.
Singapore has a multi-party parliamentary system of representative democracy in which the President of Singapore is the head of state and the Prime Minister of Singapore is the head of government. Executive power is vested in the President and the Cabinet. Cabinet has the general direction and control of the government and is collectively responsible to the Parliament. There are three separate branches of government: the legislature, executive and judiciary.
The Separation of powers in Singapore is governed by Constitution of the Republic of Singapore, which splits the power to govern the country between three branches of government – the parliament, which makes laws; the executive, which executes them; and the judiciary, which enforces them. Each branch, while wielding legitimate power and being protected from external influences, is subject to a system of checks and balances by the other branches to prevent abuse of power. This Westminster constitutional model was inherited from the British during Singapore's colonial years.
By-elections in Singapore are elections held to fill seats in the Parliament of Singapore that fall vacant in between general elections, known as casual vacancies. In the past, the Government of Singapore took the position that the Prime Minister had discretion whether or not a by-election should be called to fill a casual vacancy in a Single Member Constituency, and could leave a parliamentary seat unfilled until the next general election. However, in the case of Vellama d/o Marie Muthu v. Attorney-General (2013), which arose from a vacancy in Hougang Single Member Constituency, the Court of Appeal held that the Constitution of Singapore obliges the Prime Minister to call a by-election unless a general election is going to be held in the near future. However, a by-election need only be called within a reasonable time, and the Prime Minister has the discretion to determine when it should be held.
Vellama d/o Marie Muthu v. Attorney-General was a 2013 decision of the Court of Appeal of Singapore which held that Article 49(1) of the Constitution requires the Prime Minister to call a by-election when a casual vacancy arises in a Single Member Constituency ("SMC"), though the election need only be called within a reasonable time.
Article 13 of the Constitution of the Republic of Singapore, guarantees a prohibition against banishment and the right to freedom of movement.
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