page_title: Separation of powers in Singapore
section_title: Origins of the separation of powers in Singapore
hierarchical_section_title: Separation of powers in Singapore / Origins of the separation of powers in Singapore
caption_attribution_description: Portrait of Walter Bagehot (1826-1877)
context_page_description: Separation of powers in Singapore is founded on the concept of constitutionalism, which is itself primarily based upon distrust of power and thus the desirability of limited government. To achieve this, the Constitution of the Republic of Singapore splits the power to govern the country between three branches of government – the legislature, 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 subjected 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.
  The Singapore system of government, as with those of a number of other Commonwealth jurisdictions, exhibits a partial separation of powers. The Cabinet is a parliamentary executive as the Prime Minister and other ministers are drawn from the Members of Parliament. Hence, it is the Cabinet that drives Parliament's legislative agenda.
context_section_description: The origins of the separation of powers in Singapore lie in the Westminster constitutional model inherited from the United Kingdom during its colonial past, first as part of the Straits Settlements, and then as an independent nation. When Singapore was transferred to the Colonial Office in 1867, it was given a normal colonial constitution. This constitution vested legislative authority over the colony in the Legislative Council of the Straits Settlements. The constitution also retained the structure of the judicial system already established by the Second Charter of Justice, which had vested judicial power in the Court of Judicature of the Straits Settlements. In 1877, an Executive Council was introduced into the government of the Straits Settlements, with the role of advising the Governor on all affairs of importance.
  From 1877 onwards, this broad structure specifying the powers of the three organs of state remained largely intact. The constitution remained unchanged until the end of the Japanese Occupation, when the Straits Settlements were disbanded. Although constitutional amendments were then made, the overarching hierarchy of executive, legislative and judicial bodies which had been operating before the war was retained. This basic arrangement also survived Singapore's merger and separation from Malaysia, and consequent independence.
  The Singapore Constitution thus vests legislative, executive and judicial power in the legislature, executive and judiciary respectively. This is a defining feature of Westminster-style constitutions, of which Singapore's constitution is one. The doctrine is implicit from the fact that the organs of state have separate roles.
  The separation of powers doctrine in Singapore is not absolute but qualified; it is not pure but partial. The partial separation of powers doctrine in Singapore is exemplified in the following ways:
  Members of the executive drawn from the Parliament. First, Singapore has a parliamentary executive. While the legislature exercises legislative power and the executive exercises executive power, these two institutions are not separate or independent. This feature was described by Walter Bagehot as "the efficient secret of the English Constitution", which was defined as "the close union, the nearly complete fusion of the executive and legislative powers". This fusion is facilitated by the existence of the Cabinet, as a "committee of the legislative body selected to be the executive body". The Ministers in Cabinet are appointed from the MPs; they thus exercise the power both to make and execute the law.
  Executive issues subsidiary legislation. Second, the executive has power to issue subsidiary legislation and assent to treaties. This is contrary to the non-delegation doctrine, by which one branch of government must not authorise another entity to exercise the power or function which it is constitutionally authorised to exercise itself. In Singapore, subsidiary legislation, though made by the executive, has "legislative, as opposed to administrative effect". The contravention of the non-delegation doctrine is deemed necessary because time constraints make it impossible for Parliament to enact all laws. In subsidiary legislation, the broad, general terms in primary legislation are explained and elaborated upon.
  President a member of both the executive and legislature. Third, the President is vested with both executive authority and legislative power. As a member of the legislature, in general the President must assent to all laws passed by the legislature. However, the President has limited discretionary executive powers to withhold assent to certain bills, including attempts by the Government to draw down financial reserves accumulated by past governments, to change the investment ability of the Central Provident Fund Board, and to alter the President's own discretionary powers.
  The English influence on Singapore's governmental system is visibly strong, though Singapore's system fundamentally differs from that of the United Kingdom as it is unicameral. Singapore's take o
caption: An 1891 mezzotint of Walter Bagehot (1826–1877). Bagehot described the Cabinet of the United Kingdom as a "committee of the legislative body selected to be the executive body".
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