The judiciary decides cases by interpreting the law and applying it to the evidence. A court's task is to reach a lawful decision, not to follow the most popular view.
The judiciary is the court system. To interpret a law is to establish what it means; to apply it is to decide how that meaning relates to a case's facts. A criminal case concerns an alleged offence, such as theft. A civil dispute concerns legal rights and responsibilities, such as whether a firm owes a customer money. Such disputes can involve individuals, businesses or public authorities.
A court examines relevant evidence and legal arguments. In a criminal case, an accusation is not itself a finding of guilt. If guilt is established, the court determines the sentence, or punishment, according to law. In a civil dispute, it decides the parties' rights and an appropriate remedy, such as repayment. An order to repay establishes what the firm must do; it does not prove the customer has received the money.
Judges must act impartially, without favouring either side or taking instructions from a political party. Court decisions can develop legal principles, but that differs from Parliament passing a Bill. These judge-made principles must be consistent with the Constitution and valid Acts of Parliament. The Constitution is Singapore's highest law and sets out the basic rules for governing the country.
Worked example: Does the rule cover this storage box?
A shop owner faces a prosecution: a court case alleging a criminal offence under the battery-storage law. The owner disputes whether the box named in the charge, or formal accusation, falls within the rule and challenges the inspection evidence.
- The court considers the wording and legal meaning of the rule. That is interpretation.
- It examines the evidence about the box and the alleged conduct, then applies the law to those facts.
- An inspector's allegation is evidence to examine, not a command to convict. The decision must follow the law and the case presented.
Watch out for this
Once an enforcement officer accuses someone, the court's job is simply to choose a punishment.
The court must first determine the case under the applicable law and evidence. An allegation does not establish guilt, and courts also decide civil disputes.
Check your understanding
Two people disagree about what a contract requires. A court examines the legal rule and the evidence before deciding their rights. What is it doing?
- Introducing a new Bill for all future contracts.
- Interpreting and applying law to a civil dispute.
- Running the parties' businesses through a ministry.