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LEGAL SYSTEM OF SRI LANKA

A LEGAL SYSTEMwill constitute

•LAWS•COURTS STUCTURE•COURT PROCEDURE

•THE LEGAL PROFESSION

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Laws that operate within the SriLankan Legal system

•OUR LAWS

SRI LANKA HAS

A MIXED LEGALSYSTEM

FEATURES OF BOTHCOMMON LAWSYSTEM & THE

CIVIL LAW SYSTEM

SEVERAL SPECIALLAWS

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Mixed b’cosseveral personal(special)laws

Kandyan law Muslim lawThesavalamiai Law

Sri Lanka’s personal laws

*Kandyan law*Thesavalamai law*Muslim lawMukkuwar law( no longerapplicable)

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Kandyan Law( applicable to Kandyan Sinhalese)

Tesawalamai Law( to Tamils of the provice of Jaffna)

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Muslim Law( To Sri Lankan Muslims)

PERSONAL LAWS APPLICABLE ONLY TOCERTAIN LIMITED AREAS

KANDYANLAW

THESAWALAMAILAW

MUSLIM LAW

•Marriage•Divorce•Intestatesuccession

•Pre-emption•Intestatesuccession

•Marriage•Divorce•Intestatesuccession•Administrationof mosques

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TO AREAS FOR WHICH THE PERSONALLAWS WILL NOT APPLY

THE GENERAL LAW OF THE COUNTRY WILLAPPLY

.e.g :- Criminal law is common to everyone and aperson who steals will be charged for theftunder the general law irrespective of his raceor religion

Mixed b’cosit contains features of both commonlaw system and the civil law system

Features of the Civil law systemFeatures of the Common law system

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The Civil Law system

Countries that adopt thissystem

Features

* France* Netherlands* Germany

*Importance given toopinions of jurists*Inquisitorial system ofconducting trials

During the Dutch colonial periodRoman Dutch law was introduced

• Today Roman Dutch law is treated as thecommon Law of Sri Lanka

• Areas of Sri Lankan Law that are governed byRoman Dutch Law*Law of Property*Family Law* Law of Delicts ( the corresponding Eng Lawterm is Torts)

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The Common Law system( Anglo- American legal system)

Countries that adopt thissystem

Features

*England*USA*Australia

*Doctrine of judicialprecedent*Adversarial system ofconducting trials

During the British period colonialperiod English Law was introduced

• Areas of Sri Lankan Law that are governed byRoman Dutch Law* Commercial Law* Law relating to Civil and Criminal Procedure* Law of Evidence* Administrative Law

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LAND DISPUTE IN THE DISTRICT COURTOF BALANGODA

• THE LAND LAW APPLICABLE – BASED ONROMAN DUTCH LAW WHICH IS DERIVEDFROM THE CIVIL LAW SYSTEM

• THE PROCEDURAL LAW AND THE LAW OFEVIDENCE ADOPTED DURING THE TRIAL –BASED ON ENGLISH LAW WHICH IS DERIVEDFROM THE COMMON LAW SYSTEM

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Is our legal system an achcharu?

SOURCES OF SRI LANKAN LAW

Where one couldfind Sri Lankan Law

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LegislationCase Law

Custom

Sources of Law

Opinions ofwriters

Religion

Equity

LEGISLATION AS A SOURCEOF LAW

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Laws passed by the Legislature( parliament is Legislation)

Subordinate Legislation

Laws passed by any other personor authority but subject to the

law making power of parliamentis subordinate Legislation

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TYPES OF SUBORDINATE LEGISLATION INSRI LANKA

TYPE BYEMERGENCYREGULATIONS

PRESIDENT

RULES SUPREME COURT

ORDERS,REGULATIONS

MINISTERS

STATUTES PROVINCIALCOUNCILS

LOCAL GOVTAUTHORITIES

BY LAWS

Judgements of superior courts(case law) as a source of law

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How judges make Law

• Only superior courts ( Supreme court and thecourt of Appeal) can make Law

• They do so by pronouncing a legal principle orby interpreting an a statute

• Unlike British courts Sri Lankan courts cannotcreate offences

Opinions of Jurists

• Will be a direct source on certain areas whichare based on Roman Dutch Law

• On any other area the opinion may beconsidered by a court but the court is notbound to follow it

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Roman Dutch juristHUGO GROTIUS

JOHANNES VOET

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SRI LANKA’S MOST FAMOUS JURIST

Custom as a source of Law

Our courts have accepted as law,local customs such as customs

adopted by the fishingcommunity and the customs that

are used in gemming

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2 other sources of Sri Lankan Law

•Religion•Equity

SRI LANKA’SCOURTS

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MAGISTRATES COURT

PRIMARY COURT

DISTRICT COURT

HIGH COURT

PROVINCIAL HIGH COURT

COURT OF APPEAL

SUPREME COURT

Supreme Court

• Highest Court/ Highest Appellate court• Interpretation of the constitution• Fundamental Rights Petitions• Admitting and enrolling Attorney-at-law

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Court of Appeal

• Second Highest Appellate court• Power to issue writs

Provincial High Court

• Usually goes into criminal appeals from courtssuch as the Magistrates court

• Commercial High Court• Provincial High Courts that go into civil

lappeals

•

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High Court

• Conducts criminal trials in respect of SeriousCriminal offencese.g Murder, Rape and Treason

• Can impose death sentence

District Court

Conducts civil trialse.g*Land cases*Family disputes*Cases to recover compensation

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Magistrates Court

• Usually goes into minor criminal offences• Can try maintenance cases• Can issue warrants , search warrants etc• Can conduct identification parades

Primary Courts

• Usually goes into minor civil and criminaldisputes

• If there is a breach of peace or a threat or abreach of peace as a result of a land dispute aso called “ 66 Action “ can be instituted in thePrimary Court

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SUPERIOR COURTS INFERIOR COURTS

• SUPREME COURT• COURT OF APPEAL

• PRIMARY COURT• MAGISTRATES COURT• DISTRICT COURT• HIGH COURT• PROVINCIAL HIGH

COURT