page_title: High Court of Singapore
section_title: Judicial review jurisdiction
hierarchical_section_title: High Court of Singapore / Jurisdiction / Original jurisdiction / Judicial review jurisdiction
caption_attribution_description: English: First contents page of the 1999 Reprint of the Constitution of Singapore.
context_page_description: The High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore, the upper being the Court of Appeal. It consists of the Chief Justice of Singapore and the Judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The seat of the High Court is the Supreme Court Building.
  The High Court exercises both original jurisdiction and appellate jurisdiction in civil and criminal matters. By possessing original jurisdiction, the Court is able to hear cases at first instance – it can deal with trials of matters coming before the courts for the first time. A special aspect of the Court's original jurisdiction is its judicial review jurisdiction, under which it determines the constitutionality of legislation and actions taken by the Government.
context_section_description: A special aspect of the High Court's original jurisdiction is its judicial review jurisdiction. This jurisdiction is implied rather than expressly stated in any statute. The Court exercises two types of judicial review: judicial review under the Constitution of Singapore, and judicial review of administrative acts. However, only the first type is an exercise of the Court's judicial review jurisdiction, as judicial review of administrative acts is regarded as falling within the Court's supervisory jurisdiction (see below).
  The Constitution of Singapore is the supreme law of Singapore. Ordinary laws that were in force prior to the Constitution coming into force on 9 August 1965 continue to apply after the Constitution's commencement but must be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution. Any law enacted by the Legislature after the commencement of the Constitution which is inconsistent with the Constitution is void to the extent of the inconsistency. Thus, the Constitution reflects the principle established in the landmark decision of the Supreme Court of the United States, Marbury v. Madison (1803): since it is the role of the courts to interpret the law, they have power to decide whether ordinary laws are inconsistent with the Constitution and, if so, to declare such laws to be void. The Singapore High Court adopted a similar stance in its judgement in the 1994 case Chan Hiang Leng Colin v. Public Prosecutor:
  The court has the power and duty to ensure that the provisions of the Constitution are observed. The court also has a duty to declare invalid any exercise of power, legislative and executive, which exceeds the limits of the power conferred by the Constitution, or which contravenes any prohibition which the Constitution provides.
  In criminal proceedings, if a question of law arises as to the interpretation or effect of any provision of the Constitution, a party may apply to the trial court for a case to be stated on the legal question to a "relevant court" for its decision. Where the trial court is a subordinate court the relevant court is the High Court; and where the trial court is the High Court the relevant court is the Court of Appeal. The Public Prosecutor has a right to be heard at the hearing of the case stated. As there are no corresponding statutory provisions for civil proceedings, when constitutional issues arise in the course of such matters in a subordinate court, they will be dealt with by that court and may then be appealed to the High Court and possibly to the Court of Appeal in the usual manner. Alternatively, a party to the civil proceedings can start a separate action in the High Court for the constitutional issue to be determined.
caption: The 1999 Reprint of the Constitution of Singapore
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