Judiciary of Sri Lanka: Difference between revisions
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{{Politics of Sri Lanka}} |
{{Politics of Sri Lanka}} |
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The ''' |
The '''Judiciary of Sri Lanka''' are the [[Civil law (common law)|civil]] and [[Criminal law|criminal]] [[court]]s responsible for the [[administration of justice]] in [[Sri Lanka]]. The [[Constitution of Sri Lanka]] defines courts as independent institutions within the traditional framework of [[Separation of powers|checks and balances]]. They apply Sri Lankan Law which is an amalgam of English [[common law]], [[Roman-Dutch law|Roman-Dutch civil law]] and [[Customary Law]]; and are established under the Judicature Act No 02 of 1978 of the [[Parliament of Sri Lanka]].<ref name="Commonwealth Governance">{{cite web|title=Judicial System of Sri Lanka|url=http://www.commonwealthgovernance.org/countries/asia/sri_lanka/judicial-system/|publisher=Commonwealth Governance|accessdate=17 November 2013}}</ref> |
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The judiciary consist of the [[Supreme Court of Sri Lanka|Supreme Court]], the [[Court of Appeal of Sri Lanka|Court of Appeal]], the [[High Court of Sri Lanka|High Court]], the [[District Courts of Sri Lanka|District Court]], the [[Magistrate's Courts of Sri Lanka|Magistrate's Court]], [[Primary Courts of Sri Lanka|Primary Court]] and [[Labour Tribunal]]s. Although provisions are there for trials for serious offences to be held before a [[jury]], at present all cases are heard before [[judge|professional judge]]s.<ref name="Commonwealth Governance"/> |
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'''Sri Lankan courts''' are presided over by [[judge|professional judges]], judges of the Supreme Court are appointed by the [[President of Sri Lanka|President]] with the nomination of the [[Parliamentary Council]], others by the [[Judicial Service Commission (Sri Lanka)|Judicial Service Commission]].<ref name="Commonwealth Governance">{{cite web|title=Judicial System of Sri Lanka|url=http://www.commonwealthgovernance.org/countries/asia/sri_lanka/judicial-system/|publisher=Commonwealth Governance|accessdate=17 November 2013}}</ref> |
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==Introduction== |
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{{main|Law of Sri Lanka}} |
{{main|Law of Sri Lanka}} |
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The current system of courts are defined by the Judicature Act No 02 of 1978. However, the modern form of European form of justice originated during the [[Dutch]] colonial occupation of the coastal areas of Sri Lanka in the nineteenth century. Local forms of civil and criminal law as well as system of courts, existed for centuries prior to the European colonization. |
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Sri Lanka has a legal system which is an amalgam of English [[common law]], [[Roman-Dutch law|Roman-Dutch civil law]] and [[Customary Law]]. |
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==Courts== |
==Courts== |
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===Supreme Court=== |
===Supreme Court=== |
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{{Main|Supreme Court of Sri Lanka}} |
{{Main|Supreme Court of Sri Lanka}} |
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====Labour Tribunal==== |
====Labour Tribunal==== |
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{{Main|Labour Tribunal}} |
{{Main|Labour Tribunal}} |
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==Judges== |
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===Appointment=== |
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Judges for the Supreme Court, the Court of Appeal and High Courts are appointed by the [[President of Sri Lanka]], acting on the advice of the [[Judicial Service Commission (Sri Lanka)|Judicial Service Commission]]. However the President is not bound to follow the advice of the Judicial Service Commission and may decide to appoint other qualified individuals. Appointments to the lower courts such as District Courts and First Instance Courts are made by the [[Judicial Service Commission (Sri Lanka)|Judicial Service Commission]] from the [[Judicial Service of Sri Lanka|Judicial Service]]. Judicial appointments are frequently thought to be politically motivated.<ref>[http://www.thesundayleader.lk/2017/04/09/judicial-appointment-in-turmoil/ Judicial Appointment In Turmoil]</ref> |
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Traditionally judges are [[Attorneys in Sri Lanka|Attorneys at law]], while retired judges of the Supreme Court and the Court of Appeal does not practice law after retirement. |
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==International relationships== |
==International relationships== |
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===Relationship with the International Criminal Court=== |
===Relationship with the International Criminal Court=== |
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The Sri Lankan Government has stated that it has no intention of joining the [[International Criminal Court]].<ref>[http://dailynews.lk/2017/03/22/local/111177/sri-lanka-will-not-join-icc-pm Sri Lanka will not join ICC: PM]</ref> |
The Sri Lankan Government has stated that it has no intention of joining the [[International Criminal Court]].<ref>[http://dailynews.lk/2017/03/22/local/111177/sri-lanka-will-not-join-icc-pm Sri Lanka will not join ICC: PM]</ref> |
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{{Expand section|date=June 2008}} |
{{Expand section|date=June 2008}} |
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Revision as of 13:31, 25 April 2017
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| Politics of Sri Lanka |
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The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.[1]
The judiciary consist of the Supreme Court, the Court of Appeal, the High Court, the District Court, the Magistrate's Court, Primary Court and Labour Tribunals. Although provisions are there for trials for serious offences to be held before a jury, at present all cases are heard before professional judges.[1]
Introduction
The current system of courts are defined by the Judicature Act No 02 of 1978. However, the modern form of European form of justice originated during the Dutch colonial occupation of the coastal areas of Sri Lanka in the nineteenth century. Local forms of civil and criminal law as well as system of courts, existed for centuries prior to the European colonization.
Courts
Supreme Court
The Supreme Court of Sri Lanka is the highest judicial instance and final court of appeal.[1][2] It is composed of the Chief Justice and not less than six and not more than ten Puisne Justices. Judges are appointed by the President with the nomination of the Parliamentary Council and serve for a lifetime period (65). The Supreme Court is the final appellate Court and has jurisdiction in constitutional matters.
Court of Appeal
The Court of Appeal hears all appeals from the High Court and courts of first instance. The court is composed of the President of the Court and not less than six and not more than eleven other Judges.
High Courts
The High Court has jurisdiction in criminal matters.[1]
District Courts
The district courts in civil matters.[1]
First Instance Courts
Magistrate's Courts
Primary Courts
Labour Tribunal
Judges
Appointment
Judges for the Supreme Court, the Court of Appeal and High Courts are appointed by the President of Sri Lanka, acting on the advice of the Judicial Service Commission. However the President is not bound to follow the advice of the Judicial Service Commission and may decide to appoint other qualified individuals. Appointments to the lower courts such as District Courts and First Instance Courts are made by the Judicial Service Commission from the Judicial Service. Judicial appointments are frequently thought to be politically motivated.[3]
Traditionally judges are Attorneys at law, while retired judges of the Supreme Court and the Court of Appeal does not practice law after retirement.
International relationships
Relationship with the International Criminal Court
The Sri Lankan Government has stated that it has no intention of joining the International Criminal Court.[4]
![[icon]](/enwiki/wiki/File:Wiki_letter_w_cropped.svg){kind=small} | This section needs expansion. You can help by adding to it. (June 2008) |
See also
References
- ^ a b c d e "Judicial System of Sri Lanka". Commonwealth Governance. Retrieved 17 November 2013.
- ^ "COURTS AND CASES SRI LANKA". lexadin. Retrieved 17 November 2013.
- ^ Judicial Appointment In Turmoil
- ^ Sri Lanka will not join ICC: PM
