Judicial System of Singapore - Judicial Independence

Judicial Independence

Singapore has a reputation for fairness and impartiality in commercial law, and is a popular jurisdiction for arbitration and trial in South-East Asia. The Canadian case of Oakwell Engineering v. Enernorth Industries called into question this impartiality and raised the issue of whether the judgments of Singaporean courts are enforceable outside Singapore, but claims of links between the judiciary, business and the executive arm in Singapore which were alleged to suggest a real risk of judicial bias were dismissed in appeals to the Court of Appeal for Ontario and Canadian Supreme Court.

The United States Department of State claims the President of Singapore and the Minister for Home Affairs have substantial de facto judicial power, leading "to a perception that the judiciary reflected the views of the ruling party in politically sensitive cases." In addition, Singapore's "judicial officials, especially the Supreme Court, have close ties to the ruling party and its leaders". The President appoints judges to the Supreme Court on the recommendation of the Prime Minister and in consultation with the Chief Justice. The President also appoints subordinate court judges on the recommendation of the Chief Justice.

Government leaders historically have used court proceedings, in particular defamation suits, against political opponents and critics, leading to a perception that the judiciary reflected the views of the ruling party in politically sensitive cases. Notable cases include those against opposition leaders J. B. Jeyaretnam and Chee Soon Juan. Chief Justice Chan Sek Keong, in his 2009 keynote speech to the New York State Bar Association International Section, said: "Commonwealth judiciaries like ours have a common tradition that judges do not defend their judgments in public. They let their judgments and the reasons for their decisions speak for themselves. This is where I will leave this particular issue."