Mixed Legal System in Sri Lanka

The judiciary is a vertical judicial system; the Supreme Court is the highest and final court. The courts of appeal are the Supreme Court, the Court of Appeal and the High Court. The courts of first instance are the High Court, the Commercial High Court, the District Court and the Magistrates` Court. Within this system, there are special courts dealing with Islamic law, labour courts, courts martial and other courts which exercise functions of a quasi-judicial nature, but which may be reviewed by the supreme courts. With respect to this Act, if a party to an arbitration agreement commences legal proceedings against another party to this agreement in respect of a matter to be submitted to arbitration in that agreement; The Court shall not have jurisdiction to hear such a question if the other Party opposes the exercise of the Court`s jurisdiction in the matter. The Supreme Court of Sri Lanka is the highest court for all criminal and civil cases in Sri Lanka. This is followed by the Court of Appeal, the High Court, the District Courts, the Magistrates` Courts and the Court of First Instance within the Sri Lankan judicial system. The judicial system of Sri Lanka is a legal system that is a combination of English common law, Romano-Dutch civil law and common law. Laws passed by Parliament are the main source of law. Judicial precedents, laws promulgated by provincial councils, and customs and customs also form the law of the land. The judiciary is defined in the Constitution as an independent institution providing the traditional framework for checks and balances. Please note that until 11 December 1980, the statutory interest rate was 5%, in accordance with Article 192, as amended by the Amending Act No.

53 of 1980, which increased the rate to 12%. On March 6, 1990, section 192 was amended so that the Monetary Board could determine from time to time taking into account current bank interest rates. For the purposes of this Article 192, “statutory interest rate” means the interest rate per centre and per year determined by the Monetary Law by means of a notice published in the Official Journal, taking into account the bank interest rates in force. The vast majority of criminal cases in the country are heard at the level of the Magistrate`s Courts, which is the lowest level of the judicial system. Below is a summary of the evolution of the legal interest rate: – Roman-Dutch law now applies generally to Sri Lanka when indigenous laws and laws do not regulate the matter in question. Roman-Dutch law is a legal tradition inherited in Sri Lanka. It coexisted with several systems of Aboriginal law and English common law, creating a “distinct legal culture, now described as a `mixed` civil and customary law system.” 4 The British established a modern system of judicial and civil administration. They respect the laws in force, namely the Romano-Dutch laws and customary laws that apply to the different ethnic groups. There are five private law systems in Sri Lanka. Roman-Dutch law, as a legal system in Sri Lanka, comprises sets of codified and uncodified legal forms, of many origins, which are subordinate to the Constitution of Sri Lanka, which is the supreme law of the island.

Its legal framework is a mixture of legal systems of Roman-Dutch law, English law, Canadian law, lasavalamai and Muslim law. This mix is the result of the island`s diverse history, so criminal law is based on English law, while much of the common law is Romano-Dutch law, with some aspects such as marriage, divorce and inheritance related to Canadian law, savalamai and Muslim law based on community and geography. [1] As Sri Lanka is a multiracial and multilingual country, the legal systems reflect the customs of the different communities that make up Sri Lankan society. As in other ancient legal systems, conventions, customs, sanctions and key legal concepts, although not formulated in practice, have been established over the years, in particular by judicial decisions taken from time to time. Thus, “Roman-Dutch law is often referred to in Anglo-American legal terminology as the “common law” of Sri Lanka. A legal system that applies in Sri Lanka when indigenous laws and laws do not regulate things. 5 There were two types of practitioners; Lawyers and supervisors on the basis of English law, whereas since the coming into force of the Justice Act No. 44 of 1973 there is only one type of lawyer who is authorized to represent other persons in all courts on the island and who is also empowered to give advice on all legal matters, known as a lawyer.

Practitioners are divided between official and unofficial bars. The nation`s ethnic and religious diversity, as well as its colonial history, have a direct impact on some aspects of the Sri Lankan legal system. The Supreme Court of Sri Lanka, established under the Constitution, has the power and authority to hear, try and decide all charges. It has criminal and admiralty jurisdiction, as well as crimes committed on board aircraft and in territorial airspace. A trial before the High Court may be conducted either by the High Court judge alone or by a jury. He may also hold a trial on the stand, where three judges appointed by the Chief Justice sit in the verdict. A party aggrieved by a decision of the High Court may appeal to the Court of Appeal and the appeal shall be heard by a Chamber of at least two judges. The High Court has the power to impose death and life sentences and to award fines and other reparations. (See also sections 1.7. and 1.12.) Kandy Sinhalese who choose to marry under the General Marriage Ordinance are subject to Roman-Dutch law on marriage, divorce and interstate succession.

Kandyan adoption laws also apply to those who marry under Kandy`s law. General law applies to other related matters such as alimony and custody. Muttettuwegama, Ramani. “`But I`m both.` Equality in the context of women living in parallel legal systems: the problem in Sri Lanka. A backgrounder. (accessed February 2007). Sri Lanka, officially known as Ceylon, is a multi-ethnic and multi-religious island nation in the Indian Ocean, near the southern coast of India. The distance between the southeastern tip of India and northwestern Sri Lanka is only about 40 miles. Sri Lanka`s total area is 25,330 square miles, about the size of West Virginia, and its population is just over 20 million. Due to the great civil war that has affected Sri Lanka for more than two decades, no census has been conducted in some parts of the country in the last two decades or more. Therefore, all population figures include estimates relevant to specific regions of the country.

Requests for parliamentary elections shall be examined by the President of the Court of Appeal or by a judge of the Court of Appeal appointed by the President of that Court, or by several judges of the Court of Appeal appointed by the President of that Court, one of whom may be the President of the Court. English common law applies to commercial contracts and industrial property (a Google search with the case title may also raise the case.) If a new offence is codified by law, for example the Prevention of Terrorism Act, the relevant law will specify the procedural modalities. Rajepakse, Ruana. An introduction to the law in Sri Lanka. Aitken Spence Printing, Pte, Ltd., 315 Vauxhall Street, Colombo 2, Sri Lanka.1989 (?). The High Court shall consist of not less than ten judges and not more than forty judges. This court sits in 16 provinces of the country (16 high courts). Vi. Divorce cases (In the past, divorce cases were dealt with by the now dissolved family courts). The personal laws that govern different parts of our community are Kandy law, Thesawalamai and Muslim law. Kandyan Law is considered a personal law for Kandy Sinhalese.

Similarly, Muslim law applies to Muslims as a personal right. Thesawalamai is essentially a customary law that has both a territorial and personal character. The first characteristic of this law is manifested in the fact that it is applicable to all lands in the Northern Province (whether these lands belong to a Sinhalese, a Tamil, a Muslim or a citizen).