Judiciary 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. 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.
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
Labor Courts
Other courts and tribunals
Military courts
Military courts in Sri Lanka are court martials (the General Court Martial, Field General Court Martial and District Court Martial) convened under the Army Act, the Navy Act or the Air Force Act.[3]
Coroners' courts
The Ministry of Justice appoints Inquirers into Sudden Deaths under the Code of Criminal Procedure to carryout an inquest into the death of a sudden, unexpected and suspicious nature. Some large cities such as Colombo and Kandy have a City Coroners' Court attached to the main city hospital, with a Coroner and Additional Coroner.
Judges
Appointment
The Chief Justice and Justices of the Supreme Court and Court of Appeal are appointed by the President of Sri Lanka with the nomination of the Parliamentary Council. Judges of the High Court are appointed by the President on the advice of the Judicial Service Commission. However the President is not bound to accept the nomination of the Parliamentary Council or follow the advice of the Judicial Service Commission and may decide to appoint any other individual. Traditionally judges are Attorneys at law, while retired judges of the Supreme Court and the Court of Appeal does not practice law after retirement. Judicial appointments in the past have been thought to be politically motivated.[4] Appointments to the lower courts such as District Courts and First Instance Courts are made by the Judicial Service Commission from the Judicial Service.
The Minister of Justice appoints Unofficial magistrates from attorneys with fifteen years or more practice in a magistrate court to serve as the acting magistrate in the absence of the local magistrate. The Minister may appoint lay persons as Justice of the Peace, traditionally empowered to mediate disputes and keep the peace. Today the powers of the position is limited to attesting documents.
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.[5]
![[icon]](/enwiki/wiki/File:Wiki_letter_w_cropped.svg){kind=small} | This section needs expansion. You can help by adding to it. (June 2008) |
Former Courts
Several forms of courts of law have been abolished or replaced over the years;[6]
- Judicial Committee of the Privy Council
- Criminal Justice Commission
- Commissioner of Assizes
- Commissioner of Requests
- Rural Court
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.
- ^ Supreme Court holds Court Martial is a ‘court’ in terms of Constitution
- ^ Judicial Appointment In Turmoil
- ^ Sri Lanka will not join ICC: PM
- ^ Language Of The Courts Act (No. 3 of 1961) - Sect 3
