Behind the Singapore Constitution, the doctrine of separation of powers is one of the underlying values and basic principle that is deemed to be a fundamental aspect of the Constitution. The constitution is made up of a set of rules that regulates how a government operates as well as its formation. After Singapore’s separation from Malaysia, Singapore’s constitution was formed and the Constitution is considered as the supreme law. With the concept of constitutional supremacy where other laws must not violate the supreme law as mentioned under Article 4, it is important that the Constitution carries important values as it also determines the fundamental liberties individuals are entitled to.
Separation of powers refers to the theory where the government is divided into three separate branches of government in order to preserve liberty through limiting government’s power. These three branches consist of the Legislature, Executive and Judiciary. For the Executive, it carries out the laws that are being regulated and as such, if an individual breaks the laws, the Executive will also carry out the punishment that arise from the violation of the law. As for the Legislature, it aids the law-making process and it involves three readings in Parliament and President’s assent before the bill can be part of the law in Singapore.
Figure 1: Law-making process
As seen in Figure 1, under the “Scrutiny by the Presidential Council for Minority Rights”, the bills will be revised in order
One of the ways that the United States guarded against cruel and oppressive government or rule was that they made the three branches of government. These three branches were the Executive Branch, the Legislative Branch, and the Judicial Branch. This helped guard against cruel and oppressive government or rule because “they were separate and distinct powers.” (Doc B) This would help to guard against cruel and oppressive government or rule because all of these powers were separated so there wasn’t one overpowering government.
The government is separated into three branches: Legislative, Judicial, and Executive. The Legislative branch makes the laws and according to Document B by James Madison, consist of a senate and the House of Representatives, which creates congress. The Judicial branch judges if laws are broken and the laws themselves, the Judicial branch is invested in one Supreme Court. The Executive branch, is the branch of government that enforces the laws, this category of government includes the president who can serve two terms of four years each along with the
The three branches that the constitution have made include the legislative, the executive and the judicial branch. The Legislative branch, also known as the House of Representatives, has certain powers over the other branches, the Executive is known as the President will also have powers over the other branches, and the same goes for the judiciary which is known as the Supreme Court. By creating these three branches of government, the representatives will also build a check and balance system which is included in the
The first is the Executive; this includes the president and vice president with powers to veto the Senate of establishing laws, appoints judges and other officials, and ensures all laws are carried out. The second is the Legislative branch; this includes the House and Senate with powers to pass all laws, establish lower federal courts, and can impeach the President. Lastly, there is the Judicial branch; this includes the federal courts and Supreme Court with powers to interpret laws of the nation and declare any law or executive act unconstitutional. It was created this way to prevent anyone branch from becoming too powerful and dominate the government (U.S. Constitution,
In May of 1787 in the city of Philadelphia, 55 white men gathered together and created the document we know today as the Constitution. So how is it that a document made made over 200 years ago has managed to overcome the ruling of tyranny? Tyranny is the harsh and absolute power in the hands of an individual. The Constitution guarded against tyranny in several ways: federalism, the separation of powers, the checks and balances system, and large v. small states.
How The Constitution Guards Against Tyranny The constitution, the american law. The constitution was made in Philadelphia in 1787 with the intent to replace the Articles of Confederation as the papers of american law. Because of the unfairness and the tyranny that the americans suffered at the hands of the british kings and rulers they set up the constitution in a way that certain writings would act as a guard against tyranny, an example of these guards are federalism, separation of powers, checks and balances, bicameral. Tyranny is defined by James Madison as “ The accumulation of all powers … in the same hands, whether of one, a few, or many (is) the very definition of tyranny.”
The legislative branch which is in charge of making laws. The legislative branch is consisting of the congress and several Government agencies. The congress is consisted of the House of Representatives and the Senate. Each member of the Senate and the House of Representatives has to get voted into office by citizens from each state. For legislation to pass both the Senate and the House of Representatives must pass the bill by majority vote, then they can get it signed by the President.
Some of the obligations that needed to be discussed were federalism, the division of powers, checks and balances, and the power of small and large states. Federalism is a government that is made up of one or two pieces. The two governments are state and federal government. The different governments control each other, at the same time each is controlled by itself. The central government was given the powers to keep the well-being of the country, and to help protect the U.S. from other countries.
Separation of powers is a great example of how democratic society should be organized. These powers became mandated in the united states by the supreme court because of the ruling in Marbury v. Madison. The idea is based on the branches of government all being equal so that no one can exert any power over and one else without due process of law. Judicial review is a checks and balance system so it does not go by the
These were the Legislative branch, the Executive branch, and the Judicial Branch. The Legislative branch is headed by Congress. This includes the Senate and the House of Representatives. Their main duty it so compose the laws.
In the protection of human rights, one of the most significant advancements in Canada is the Charter of Rights and Freedoms. The Charter was entrenched in the Canadian Constitution under the leadership of the Prime Minister, Pierre Elliot Trudeau and it was a part of a larger reform that patriated our Constitution in 1982. A constitution is a set of fundamental rules creating, regulating, and limiting the basic powers of the government and Canada’s charter guarantees the rights and freedoms that are essential in a free and democratic society. Most importantly, the term entrenchment means that the Charter can only be revised through a series of steps that requires substantial agreement from both federal and provincial governments. In this paper,
The United States Constitution is the supreme law of the United States of America. The Constitution is the outline our founding fathers created to describe the nature and functions of government. Its first three articles consist of a doctrine of the separation of powers, which divides the federal government into three branches: the legislative, consisting of Congress; the executive, consisting of the President; and the judicial, consisting of the Supreme Court and other federal courts. The constitution is meant to govern the federal government while the bill of rights is meant to govern the
The Executive branch executes laws and is the president. The Judicial branch judges laws and is the Supreme Court. The Legislative branch creates laws and is the House of Representatives and Senate. James Madison said in Federalist Paper #47 Document B, “the accumulation of all powers...in the same hands...may be justly pronounced the very definition of tyranny.” This helps protect from tyranny because the Separation of Powers prevents all power from being in the same hands.
The branches of government are: (a) The Legislature: makes the law (The People’s Majlis –Article 5 and Article 70(a)) (b) The Executive: implements the law (The President and the independent commissions –Article 6- ) (c) The
Singapore’s current political system is a democratic society. On paper, it ticks all the boxes of what makes a democratic system. It gives citizens the right to vote for the person they feel will best represent the voice of the people and address their needs. It also ensures that people have the freedom of speech and expression as stated in Article 14 of the Constitution of the Republic of Singapore. However, things do not appear to be so straightforward, there definitely is more than meets the eye.