Conversations with the Community
Reimagining the rule of law: How Singapore is adapting for the future
Singapore is renewing its conception of rule of law to address challenges like access to justice, and emerging global threats including climate change
In a recent survey of young lawyers in Singapore, around two-thirds said they were likely to leave legal practice in the next five years.
PHOTO: GETTY IMAGES
Rachel Chia, Brand Newsroom
What occupies the mind of Singapore’s top judge as he ponders the future and the rule of law?
It’s the possibility that Singapore’s legal system may no longer be sustainable, due to societal changes affecting access to justice and the future pipeline of lawyers, as well as global threats such as climate change and rapid advancements in artificial intelligence (AI).
“The operating environment in which our societies and our courts function is changing at a rate and scale that is simply astounding,” said Chief Justice Sundaresh Menon. “We should not assume that the rule of law will continue to serve us as well as it has if we were simply to maintain the status quo.”
He was speaking at the seventh and final instalment of Singapore Courts’ (SG Courts) engagement series, “Conversations with the Community”, on Sept 20 at the Supreme Court.
In his opening address, titled “Reimagining the Rule of Law: A Renewed Conception”, the Chief Justice outlined how the rule of law has been pivotal in Singapore’s nation-building efforts, safeguarding racial and religious harmony and encouraging business flows.
The rule of law refers to, among other things, ensuring that laws are fair and apply to everyone in society, regardless of status.
As a key enabler of Singapore’s peace and prosperity, the rule of law has not only been an “aspirational ideal for Singapore, but (also) an existential necessity”, Chief Justice Menon said.
But there are global threats to humanity and societal change – including the trend of young lawyers leaving the profession, and more self-represented persons in court.
These affect the sustainability of the legal process. Such challenges call for a reevaluation of Singapore’s conception of rule of law.
“These challenges invite us to rethink our traditional conception of the rule of law,” the Chief Justice said, “to account for the distinct and evolving needs of our court users, as well as the reasonable needs, aspirations and expectations of our younger colleagues in the legal profession.”
Evolving needs
With more people choosing to represent themselves in court, SG Courts is reforming Singapore’s justice system to make processes more user-friendly, through simplified procedures and the use of technology.
He also noted the “concerning” results of a recent survey of young lawyers in Singapore, in which around two-thirds said they were likely to leave legal practice in the next five years.
A significant proportion of respondents attributed this in part to excessive workloads, poor work-life balance, and poor workplace culture.
“We should consider whether there is an issue of mismatched expectations in the legal profession, and a generation gap that needs to be addressed urgently.”
How the courts are changing
- Harnessing AI: Need to file a claim at the Small Claims Tribunals? An artificial intelligence (AI) program will be able to guide you through the process in the future.
- Simplified language: Terms such as "ex parte" and "leave of court" will be replaced with "without notice" and "permission of the court" respectively at the Family Justice Courts, so they can be easily understood by the public.
- Helping families heal: Instead of bitter disputes, the Family Justice Courts aim to help parties in family disputes keep an open mind and work together to find the best solutions.
The Chief Justice added that the legal community must consider how to better communicate values such as integrity, professionalism and justice.
“It is these values that are most likely to keep our younger colleagues engaged and committed to the long-term pursuit of excellence,” he said.
“We should impress upon our lawyers that the work that they do brings about real and concrete benefits to the lives of our fellow citizens, especially those who are most vulnerable.”
Chief Justice Menon pointed to the rise in climate litigation and rapid AI advancements, which could bring both benefits and risks, adding that a refreshed conception of the rule of law should promote coherent responses towards global threats to humanity.
Watch the seventh and final session of “Conversations with the Community” in this video below.
This means that, instead of focusing only on the state and its citizens, legal systems including the courts should see themselves as part of a transnational system of justice, studying developments from other jurisdictions and collaborating or sharing knowledge in key areas of law that affect the world.
This will create a stronger global legal framework better equipped to handle the complex challenges of an interconnected world, he added.
“Our responses to these challenges will have a direct impact on the level of trust and confidence in our courts, the courts’ legitimacy,” concluded the Chief Justice, “and therefore the continued relevance of the rule of law to future generations of Singaporeans.”
Refresh and evolve
SG Courts aim to adopt a renewed conception of the rule of law in Singapore – one that is more inclusive, outward-looking and holistic, that seeks to:
ENHANCE access to justice for court users
The rule of law rests on public trust that the courts will deliver justice for all.
With a rise in the number of self-represented persons in court, SG Courts is working to ensure all court users continue to have a fair shot at presenting their case, regardless of their resources or legal literacy. The initiative includes:
- Simplified proceedings rolled out in the Magistrates’ Courts in 2014, and extended to the District Courts in 2023 (with the parties’ consent)
- An express track in the General Division of the High Court, launched this year, offers quick resolution of certain civil matters without the need for oral arguments
- A digital tool on SG Courts’ website that provides relevant practical information for users based on their responses to a short series of questions
- An AI tool, developed in collaboration with legal start-up Harvey, to help users navigate legal processes in the Small Claims Tribunal. It is expected to launch in 2025
ENSURE sustainability of legal practice
Lawyers are critical to ensure access to the rule of law in many areas. The legal community is striving to sustain the profession by addressing the reasonable needs, expectations, and aspirations of lawyers, with a focus on young lawyers.
- The Ethics and Professional Standards Committee, which comprises various stakeholders in the legal community, is studying the development of policies to ensure the implementation of sustainable workplace practices, and will publish its recommendations in due course
- Law firms should emphasise mutual trust with staff and give due regard to the well-being of junior staff, recognising the long-term benefits to employee satisfaction and productivity
- Senior lawyers should embrace the shift to more sustainable and mindful workplace practices
ENABLE collaboration among courts globally
With the need for global solutions to issues that transcend borders, courts should study developments in other jurisdictions, including those with different legal traditions, collaborate to address challenges, and develop broadly coherent responses.
- SG Courts conducts bilateral roundtables with key jurisdictions such as China and India
- SG Courts co-organised a masterclass programme with the Supreme Court of Indonesia this year for commercial judges in Asia. It gathered more than 60 judges from 16 jurisdictions
- A biennial Judicial Roundtable on the Future of Justice organised by SG Courts, which gathers judges, academics and policymakers to discuss issues such as AI, big data and the environment
- SG Courts hosts the Meeting of Chief Justices and Judges in Charge of Technology, where judges discuss the interface between technology and justice systems. The participants are exploring the development of a joint AI governance framework that will regulate the use of AI in court
- Junior lawyers should be prepared for a steep learning curve, and the long-term hard work required for a legal career
In partnership with SG Courts
