6. The Judicial Power Definition: ‘ power which every sovereign authority must of necessity have to decide controversies between its subjects or between itself and its subjects, whether the rights relate to life, liberty or property.’ Huddart Parker Pty Ltd v Moorehead (1908-1909) 8 CLR 330.
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9. Judicial Authority John Marshall CJ Marbury v Madison : It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two rules conflict with each other, the courts must decide on the operation of each. all those who framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the Constitution, is void.
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11. Judicial Independence Article 98(1) Subject to this Article, a Judge of the Supreme Court shall hold office until he attains the age of 65 years or such later time not being later than 6 months after he attains that age, as the President may approve. Article 94(1) The Supreme Court shall consist of the Court of Appeal and the High Court with such jurisdiction and powers as are conferred on those Courts by this Constitution or any written law. Article 94(2) The office of the Judge of the Supreme Court shall not be abolished during his continuance in office
12. Judicial Independence Article 94(3) A person qualified for appointment as a Judge of the Supreme Court or a person who has ceased to hold the office of Judge of the Supreme Court may be appointed as the Chief Justice in accordance with Article 95, or may sit as a Judge of the High Court or as a Judge of Appeal, if designated for the purpose (as the occasion requires) in accordance with Article 95, and such person shall hold office for such period or periods as the President, if the President, acting in his discretion, concurs with the advice of the Prime Minister, shall direct. Article 94(4) In order to facilitate the disposal of business in the Supreme Court, the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, may appoint a person qualified for appointment as a Judge of the Supreme Court to be a Judicial Commissioner of the Supreme Court in accordance with Article 95 for such period or periods as the President thinks fit; and a Judicial Commissioner so appointed may, in respect of such class or classes of cases as the Chief Justice may specify, exercise the powers and perform the functions of a Judge of the High Court. Anything done by a Judicial Commissioner when acting in accordance with the terms of his appointment shall have the same validity and effect as if done by a Judge of that Court and, in respect thereof, he shall have the same powers and enjoy the same immunities as if he had been a Judge of that Court. Article 94(3) For the purposes of clause (4), the President may appoint a person qualified for appointment as a Judge of the Supreme Court to be a Judicial Commissioner to hear and determine a specified case only.
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16. Judicial Independence Proceedings by way of an order for committal initiated by Attorney-General. Subordinate Courts Act Section 8 (Contempt): The subordinate courts shall have power to punish for contempt of court Supreme Court of Judicature Act Section 7: The High Court and Court of Appeal shall have power to punish for contempt of court.
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18. Scandalising the Judiciary - Cases AG v Pang Cheng Lian (1975) Pang – stringer for Newsweek – provided information resulting in article ‘Singapore-Selective Justice’ The High Court ‘did little to dispel the notion that the courts here are little more than extensions of the one-party system’; ‘in the courts in Singapore, it makes a vital difference whether it is the government or the opposition that is in the dock.’