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LEGAL SYSTEM OF SRI LANKA

A LEGAL SYSTEMincludes

COURTPROCEDURE

LEGALPROFESSION

COURTSTRUCTURE

LAWS

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SOME OF OUR LAWS

ENGLISHLAW

ROMANDUTCH

LAW

MUSLIM LAWKANDYAN LAW

TESAWALAMAI LAW

Our Legal system

• any different laws• a mixed system of law

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Is our legal system a pickle or anachcharu?

SRI LANKAN LEGALSYSTEM IS MIXED

BECAUSE

1.Many special laws(Kandyan law/

Tesavalamai law &Muslim law)operatealongside the general

law

2. It has features ofboth the the commonlaw system as well asthe civil law system

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Our Legal system is mixed because

1. several Personal laws(special Laws /

Customary laws)operate within our legal

system

PERSONAL /SPECIALLAWS THAT ARE PART OF

SRI LANKA’S LEGALSYSTEM

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Kandyan Law( applicable to Kandyan Sinhalese)

Tesawalamai Law( to Tamils of the province 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

Our Legal system is mixed because

2. our system hasfeatures of both thecommon Law system

and the civil law system

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Both common law & Civil Law featuresin Sri Lanka

• due to historic reasons• British introduced features of

common law system & theDutch introduced features ofthe Civil law system

Common law influence inSri Lanka

Civil law influence inSri Lanka

•Principles of English lawhave entered our legalsystem•Doctrine of judicialprecedent•Our courts structure•Adversarial courtprocedure

•Principles of RomanDutch law have enteredour legal system•Opinions of jurists is adirect source of law incertain areas of our lawwhich are based on RomanDutch law

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During the Dutch colonial periodRoman Dutch law was introduced

• TodayRoman Dutch law = Common Lawof Sri Lanka

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

During the British period colonialperiod English Law was introduced

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

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SOURCES OF SRI LANKAN LAW

Where one couldfind Sri Lankan Law

LegislationCase Law

Custom

Sources of Law

Opinions ofwriters

Religion

Equity

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LEGISLATION AS A SOURCEOF LAW

Laws passed by the Legislature( parliament is Legislation)

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Subordinate Legislation

Laws passed by any other personor authority but subject to the

law making power of parliamentis subordinate Legislation

TYPES OF SUBORDINATE LEGISLATION INSRI LANKA

TYPE BYEMERGENCYREGULATIONS

PRESIDENT

RULES SUPREME COURT

ORDERS,REGULATIONS

MINISTERS

STATUTES PROVINCIALCOUNCILS

LOCAL GOVTAUTHORITIES

BY LAWS

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

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

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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

Roman Dutch juristHUGO GROTIUS

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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

2 other sources of Sri Lankan Law

•Religion•Equity

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SRI LANKA’SCOURTS

SUPREMECOURT

COURT OFAPPEAL

PROVINCIALHIGH COURT

HIGH COURT

DISTRICT COURT

MAGISTRATES COURT

PRIMARY COURT

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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 & Final Appellatecourt

• Interpretation of the constitution• Fundamental Rights Petitions• Admitting and enrolling Attorney-at-law• Making rules• Pouncing upon the constitutionality of Bills of

Parliament

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Supreme Court

• Presidential election petitions• Referenda petitions• Appeals from parliamentary election petitions• Appeals from the court of Appeal and other

lower courts• Matters relating to the breach of parliamentary

privileges• Impeachment proceedings• Writ jurisdiction

Court of Appeal

• Second Highest Appellate court• Power to issue writs of certiorari, mandamus ,

prohibition , quo warranto, procedendo e.t.c• Power to issue the writ of habeas corpus• parliamentary election petitions• Provincial Council election petitions• Cases relating to contempt's of court• Power to transfer cases from one court to

another

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Court of Appeal

• Power to issue injunctions• Power to call fro records of lower courts• Revision applications from lower courts• Actions for Restitutio in integrum• Power to transfer prisoners from one

prison to another

Provincial High CourtEstablished by the 13th amendment ( to devolvejudicial power to the provinces)

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

• It also has power to issue writs pertaining toprovincial matters

• JSC can authorise the PHC to inspect theadministration of Courts of first instance

• Specialised Provincial high courts1. Commercial High Court2. Civil Appellate High Court

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Commercial High Court

• Goes into commercial matters where thevalue of the dispute exceeds Rupees fiveMillion

• Intellectual Property matters• Certain matters under the Companies Act

High Court• Conducts criminal trials in respect of Serious Criminal

offencese.g Murder, Rape and Treason

• Can impose death sentence• Three types of Trials ( Trials before a single High Court

Judge, Trials –at-Bar, Trials before a single High Courtjudge and a Jury )

• Power to grant bail in respect of certain offences• Admiralty jurisdiction• Power in respect of Arbitrations• Powers in respect of Extradition

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District Court

Cases for the partitioning ofundivided land

(Partition cases)

District Court

*Land casese.g

1. cases for the declaration of title2. cases relating to servitudal rights3. cases for the definition of boundaries4. cases for evicting persons from land

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District Court

*Actions for damagese.g

1. damages from accidents2. damages for defamation3. damages for professional negligence4. damages for malicious prosecution

District Court

Family matters1. divorce cases2. Nullity cases/ Annulment of marriage3. cases for a legal separation4. cases to claim damages for breach ofpromise of marriage5. cases for the custody of children/ access tochildren

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District Court

Family matters6. seduction cases7. adoption cases8. Maintenance cases ( under principles of RomanDutch law)

9. cases relating to the property andadministration of the estates of minors

10. cases for the amendment of Birth & marriageregisters

District Court

Family matters11. cases relating to matrimonial property12. declarations about legitimacy andillegitimacy

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District Court1. Trust cases2. actions in respect of the estate of insane

persons3. Cases for the ejectment of tenants4. Mortgage actions5. Action relating breach of contract6. Actions for the recovery of moneys bases of

cheques, bills of exchange and promissory notes( liquid claims)

7. Insolvency cases

District court & Injunctions

• Where a party acts in a way in violation of therights of the plaintiff the court can grant aninjunction to restrain the defendant fromacting in that way

………………………………………………………………..• Power to issue enjoining orders• Power to issue interim injunctions• Power to issue permanent injunctions

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Testamentary cases – District court

Estate of thediseases

No last will(testate)

Court issuesLetters of

Administration

There is a last will(intestate)

Court issuesProbate

Magistrates Court• Usually goes into minor criminal offences (

Summary Trials)• Conducting non summary inquiries• Can try maintenance cases ( under the

Maintenance Act )• Can issue warrants , search warrants etc• Can conduct identification parades• Power to grant bail• Power to conduct Inquests ( inquiries into sudden

deaths)

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Magistrates Court

• Claims for the payment of EPF and ETF• Orders under the Domestic Violence Act• Enforcing orders of Quazi courts ,Labour

Tribunals etc

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 disputean action called a “ 66 Action” can beinstituted in the Primary Court

• Enforcement of By laws of local governmentauthorities

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SUPREMECOURT

COURT OFAPPEAL

PROVINCIALHIGH COURT

HIGH COURT

DISTRICT COURT

MAGISTRATES COURT

PRIMARY COURT

SUPERIOR COURTS INFERIOR COURTS

• SUPREME COURT• COURT OF APPEAL

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

COURT

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A few Alternative dispute resolutionmethods that operate in Sri Lanka

These institutions settle dispute outside theformal court structure.

Examples• Labour Tribunals• Mediation boards• Human Rights Commission• Ombudsman• Rent Board