The doctrine of the separation of powers in the Westminster system is usually regarded as one of the most fundamental tenets of liberal democracy.
The doctrine of the separation of powers divides the institutions of government into three branches: legislative, executive and judicial: the legislature makes the laws; the executive puts the laws into operation; and the judiciary interprets the laws. The powers and functions of each are separate and carried out by separate personnel. No single agency is able to exercise complete authority, each being interdependent on the other. Power thus divided should prevent absolutism [as in monarchies or dictatorships where all branches are concentrated in a single authority] or corruption arising from the opportunities that unchecked power offers. The doctrine can be extended to enable the three branches to act as checks and balances on each other. Each branch’s independence helps keep the others from exceeding their power, thus ensuring the rule of law and protecting individual rights.
Under the Westminster System – the parliamentary system of government Australia adopted and adapted from England – this separation does not fully exist and the doctrine is not exemplified in the constitutions of the Australian states. However in Australia the three branches exist: legislature in the form of parliaments; executive in the form of the ministers and the government departments and agencies they are responsible for; and the judiciary or the judges and courts. However, since the ministry [executive] is drawn from and responsible to the parliament [legislature] there is a great deal of interconnection in both personnel and actions. The separation of the judiciary is more distinct.
If the object of separation of powers is to develop mechanisms to prevent power being overly concentrated in one arm of government, then in practice in Australia mechanisms for avoiding the over-concentration of power exist in many ways – through constitutions and conventions; the bicameral system; multiple political parties; elections; the media; courts and tribunals; the federal system itself; and the active, ongoing participation of citizens.
- Origins of the Doctrine
- The Doctrine in Australia - the Commonwealth
- The Doctrine in Australia - the States
[The information on these page comes from Separation of Powers: Doctrine and Practice by Graham Spindler which originally appeared in the publication Legal Date in March 2000].
About the legal system
The Singapore courts are part of the Judiciary, which is one of the 3 branches of the state:
- The Judiciary enforces and interprets the laws. It comprises the court system and all officers working for the courts. The Judiciary is impartial and decides cases according to the law. It is responsible for ensuring that all are equal before the law and have access to justice. The Judiciary is led by the Chief Justice.
- The Executive formulates policy and administers the running of the state. It comprises the Cabinet and the various public service agencies under their charge. The Executive is sometimes also known as the government. It is led by the Prime Minister, who is advised on legal matters by the Attorney-General.
- The Legislature makes the laws. It is the highest law-making authority in the country. The Legislature comprises Parliament and all the members that sit within it. The Legislature is led by the Speaker of Parliament.
This three-branch structure is known as separation of powers. It is designed to ensure that there are checks and balances to prevent abuse of power. This arrangement is set by the Constitution, which is the most fundamental law in Singapore.
The President is the head of state and not a member of any of the 3 branches. The President's authority is required by the Legislature at the final stage of passing legislation.
The Attorney-General's Chambers assist both the Executive [as the government's legal advisor] and the Legislature [as parliamentary drafters]. The Attorney-General is also concurrently the public prosecutor and is responsible for bringing all public prosecutions in Singapore, independently and
without influence from any of the 3 branches of the state.
About the sources of law in Singapore
The Constitution is one of the sources of law in Singapore. It is the supreme law, which means that all other laws passed must not conflict with it.
Other sources of law include:
- Legislation [also known as statutes]: These consist of Acts of Parliament and subsidiary legislation passed by the government. These laws are published on Singapore Statutes Online.
- Common law [also known as judge-made law]: Law developed from cases decided by judges. Judges do not make the law at their own discretion. Judge-made law is usually an expansion or elaboration of existing legal principles, which occurs when required by a particular case. Judge-made law cannot conflict with either the Constitution or laws passed by the Parliament.
All Singapore citizens are equal in the eyes of the law. This supports the rule of law, which is a legal principle that requires everyone, including the government, to obey the law. Judges must apply the law impartially, as it is and not as they think it should be. When a judge makes a decision, the judge is not saying what is right or wrong, but only what the position is according to the law.
Note
The courts must be impartial and cannot provide legal advice. Parties should seek legal advice on their options instead.
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About the Singapore courts
Understand the role and structure of the Singapore courts, which include the Supreme Court, State Courts and Family Justice Courts.