The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes. However, other areas of law, such as criminal law, company law and family law, are almost completely statutory in nature.
Apart from referring to relevant Singaporean cases, judges continue to refer to English case law where the issues pertain to a traditional common-law area of law, or involve the interpretation of Singaporean statutes based on English enactments or English statutes applicable in Singapore. These days, there is also a greater tendency to consider decisions of important Commonwealth jurisdictions such as Australia and Canada, particularly if they take a different approach from English law.
Certain Singapore statutes are not based on English enactments but on legislation from other jurisdictions. In such situations, court decisions from those jurisdictions on the original legislation are often examined. Thus, Indian law is sometimes consulted in the interpretation of the and the which were based on Indian statutes.
On the other hand, where the interpretation of the is concerned, courts remain reluctant to take into account foreign legal materials on the basis that a constitution should primarily be interpreted within its own four walls rather than in the light of analogies from other jurisdictions; and because economic, political, social and other conditions in foreign countries are perceived as different.
Certain laws such as the (which authorises detention without trial in certain circumstances) and the (which regulates the formation of associations) that were enacted during British rule in Singapore remain in the statute book, and both corporal and capital punishment are still in use.
History
Before 1826
Modern Singapore was founded on 6 February 1819 by Sir Stamford Raffles, an officer of the British East India Company and Lieutenant-Governor of Bencoolen, in an attempt to counter Dutch domination of trade in the East. Permission for the East India Company to set up a "factory" on the island was obtained from the Sultan of Johor and Temenggung of Johor on that date under the terms of the Treaty of Singapore, and outright cession of Singapore took place in 1824. It has been suggested that prior to British acquisition of the island, the Malay chief in charge of Singapore was the Temenggung of Johor. The Johor Sultanate was the successor of the Malacca Sultanate, both of which had their own codes of law. It is also possible that adat law, often inadequately translated as "customary law", governed the inhabitants of the island prior to its acquisition by the British. However, little, if anything, is known about the laws that were actually applicable. The British have always assumed that no law prevailed on the island of Singapore when it was acquired.
In 1823 Raffles promulgated "Regulations" for the administration of the island. Regulation III of 20 January 1823 established a magistracy which had jurisdiction over "all descriptions of persons resorting under the British flag". The magistrates were enjoined to "follow the course of the British magistracy, as far as local circumstances permit, avoiding technicalities and unnecessary forms as much as possible, and executing the duties of their office with temper and discretion, according to the best of their judgement and conscience and the principles of substantial justice". Raffles' Regulations were most likely illegal as he was acting beyond the scope of his legal powers in making them – although he had power to place the factory at Singapore under the jurisdiction of Bencoolen, he was not vested with power to place the entire island under Bencoolen's control. In this respect, he had treated Singapore as if the entire island had been ceded to the British when the Treaty with the Sultan and the Temenggung had only permitted the establishment of a trading factory.