Unlike other countries in political deadlock, S'pore's govt reforms the law as needed: SM Shanmugam

In Singapore, the government makes and changes laws, while the role of the Courts is to apply the law to the cases before them, said Senior Minister K Shanmugam.

This is unlike many countries, he went on, where "because of political deadlock, or political controversies, or simply a lack of political will, Parliaments abdicate this power".

In such cases, the Courts would reform laws in ways that are "seriously limited", because the Courts are not equipped to deal with law reform, he said.

The former law minister from 2008 to 2025, SM Shanmugam was speaking at the launch of the book series "25 Years of Legal Reform in Singapore: Innovations in Policy and Law (2000–2025)" by the Ministry of Law on Jul. 28.

The four-volume series documents 25 years of legal changes in Singapore.

It illustrates "how the Singapore government has deliberately and practically made laws that shaped the legal environment to deal with real world problems, make difficult choices, and advance the public interest", SM Shanmugam said.

Reshaping society

SM Shanmugam believes it is "fundamental" for the government to have the power to make laws in order to change and reform the laws.

"Law reform changes rights, obligations. It creates institutions. It determines when the State should intervene, and where boundaries should be drawn."

He shared that Singapore's Parliament has passed close to 1,000 bills in the past 25 years.

Close to 30 per cent of them were handled by the Ministry of Law either alone or with other agencies and ministries.

Over this time, the laws passed have reshaped the legal landscape across many areas of Singapore society, and in turn, reshaped the framework of the society itself, he said.

He recalled the work he and fellow political officeholders had done when he first became law minister in 2008.

"We discussed, conceptualised new laws that can be passed, how existing laws can be made better, as society’s needs changed, and evolved.

And each time, the benefit was to a very substantial section of the public."

Key legal changes in Singapore

SM Shanmugam offered several examples of legal reforms in Singapore and how they impacted the people.

In the area of family justice, the Family Justice Act was passed in 2014, establishing the Family Justice Courts.

Family law processes were simplified and streamlined to make them inexpensive and efficient, and reduce the trauma.

Later in 2023, the Maintenance Enforcement Process (MEP) was introduced, creating a specialised division of officers who can get information on assets and means, and conduct conciliation to help parties reach a settlement.

"We saw too many cases where parties – usually the women – struggle to enforce the maintenance orders that had been made in their favour," SM Shanmugam said.

Under the MEP, nearly 1,400 cases had been referred to its officers in the initial phases, of which over 70 per cent went through conciliation and reached a settlement.

As for criminal justice, the major reforms to the system over the past 25 years are "too many to detail".

They include stronger protection for vulnerable victims, repealing marital immunity for rape, and introducing community-based sentences to enhance rehabilitation.

The Public Defender’s Office (PDO) has also helped more than 400 to 500 cases every year, and the number has been increasing, SM Shanmugam added.

Additionally, he highlighted the efficiency of how Singapore conceptualised and drafted its first Covid legislation in about nine days.

He pointed out that it was a "novel legislation, with no precedent anywhere in the world, with impact on thousands of people".

"Covid-19 showed the power of law reform in a crisis: moving quickly but calibrating carefully as conditions changed."

Continue to evolve

Also speaking at the book launch, Minister for Law and Second Minister for Home Affairs Edwin Tong similarly said that Singapore's legal reforms have "strengthened institutions, supported businesses, and improved lives".

The legal system has also evolved in response to technological disruption, changing societal expectations, economic uncertainty, and the pandemic.

"[Good law reform] is really about understanding deeply how our society is changing...tapping into its pulse, anticipating further challenges ahead, making difficult judgments, and deciding on trade-offs, and also balancing competing interests with care."