What this lesson teaches
I can explain how the courts decide what a law means and apply it to real cases.
Syllabus K336, Issue 1, Guiding Question 2, Functions of government. Interprets and applies laws
Make a guess
A company says it does not owe a customer a refund, and the customer disagrees. Who do you think decides?
- A court, after looking at the evidence and at what the law means.
- Parliament votes on which side should win the dispute.
- The minister in charge of consumer matters decides who is right.
Show the answer
A court, after looking at the evidence and at what the law means.
This is a civil case. The judiciary interprets the law, applies it to the facts and decides each side's rights.
Courts decide cases by working out what the law means and applying it to the facts. Judges must be fair and independent.
The judiciary is the court system. To interpret a law is to work out what it means. To apply it is to decide how that meaning fits the facts of a case.
Singapore's judiciary has three parts. The Supreme Court is made up of the Court of Appeal and the High Court. It hears the most serious cases and appeals from lower courts. The State Courts hear most cases. Each year they handle more than 80 per cent of all cases and more than 90 per cent of criminal cases. The Family Justice Courts hear family cases, such as divorce, and some cases involving young offenders. The Chief Justice heads the judiciary.
There are two main kinds of case. A criminal case is about an alleged crime, such as theft. A civil case is a dispute about legal rights and responsibilities, such as whether a company owes a customer money. Civil disputes can involve people, businesses or public authorities.
A court examines evidence and legal arguments. In a criminal case, being accused is not the same as being found guilty. If guilt is proven, the court decides the sentence, or punishment, according to the law. In a civil case, the court decides each side's rights and a remedy, such as repayment. An order to repay says what the company must do. It does not prove the customer has been paid.
Judges must be impartial. They must not favour either side or take instructions from a political party. Court decisions can build legal principles, but that is different from Parliament passing a law. These principles must fit the Constitution and valid Acts of Parliament. The Constitution is Singapore's highest law and sets out the basic rules for governing the country.
- Judiciary
- The Supreme Court, State Courts and Family Justice Courts: interpret and apply laws.
- Criminal vs civil
- Criminal: alleged crimes. Civil: disputes about rights.
- Constitution
- Singapore's highest law.
Real examples to use
Subhas Nair case, 2023 to 2025
Convicted after trial in the State Courts in July 2023 of attempting to promote ill-will between racial and religious groups, and jailed for six weeks. The High Court dismissed his appeal in February 2025. Use it for how courts interpret and apply a law, and how appeals work.
Singapore's courts
The Supreme Court (Court of Appeal and High Court), the State Courts and the Family Justice Courts. The State Courts handle more than 80 per cent of all cases.
Worked example: A rapper's posts in court, 2023 to 2025
Rapper Subhas Nair was charged over four sets of remarks about race and religion made between 2019 and 2021, including a 2019 rap video. He claimed trial, which means he contested the charges. In July 2023 a State Court convicted him of four counts of attempting to promote ill-will between racial and religious groups. In September 2023 he was sentenced to six weeks' jail. In February 2025 the High Court dismissed his appeal.
- Interpret: the court worked out what the Penal Code offence of promoting ill-will covers.
- Apply: it examined his actual words and decided they met that test. Being charged was not enough; the prosecution had to prove it.
- Appeal: a higher court checked the decision and agreed with the conviction and sentence. This shows courts deciding on law and evidence, not on who is popular.
Watch out for this
Once an officer accuses someone, the court just decides the punishment.
An accusation is not proof. The court first decides, on the law and the evidence, whether the person is guilty. Courts also settle civil disputes, such as disagreements over a contract.
Check your understanding
Why must judges be impartial?
- So they can support the government's policies when a case about them is disputed in court.
- So cases are decided on the law and evidence, not on who the parties are.
- So their decisions reflect what most of the public wants.
Show the answer
So cases are decided on the law and evidence, not on who the parties are.
Yes. Fair, independent courts protect everyone's rights.