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The Judicial Service Commission (JSC) of Sri Lanka is established under Article 112 of the Constitution of Sri Lanka. The first commission was established in 1947. [1] [2]
The Key functions of the JSC are:
The commission is made up of the Chief Justice who is the Chairman, and two Judges of the Supreme Court of Sri Lanka appointed by the President of the Republic. Current membership of the JSC is as follows:
The Supreme Court of Sri Lanka (Tamil: இலங்கை உயர் நீதிமன்றம் Ilankai uyar neetimanram) is the highest court of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in constitutional matters, and take precedence over all lower Courts. The Sri Lanka judicial system is complex blend of both common-law and civil-law. In some cases such as capital punishment, the decision may be passed on to the President of the Republic for clemency petitions.
Deshabandu Joseph Francis Anthony Soza was a former judge of the Supreme Court of Sri Lanka. He has been described as "an outstandingly independent judge" who "turned out to be a fearless and vocal defender of the rights of victimized people."
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.
The judiciary is a system of courts which interpret and apply the law. The role of the courts is to decide cases by determining the relevant facts and the relevant law, and applying the relevant facts to the relevant law. The Indian Judiciary administers a common law system in which customs, securities and legislation, all codify the law of the land. It has, in fact, inherited the legacy of the legal system established by the then colonial powers and the princely states since the mid-19th century, and has partly retained the characteristics of practices from the ancient and medieval times.
The judicial officers of the Republic of Singapore work in the Supreme Court and the State Courts to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.
The Chief Justice of Ghana is the highest-ranking judge of the Supreme Court of Ghana. The chief justice is also the head of the Judiciary of Ghana and is responsible for its administration and supervision. In order of state precedence, the chief justice is the fourth highest official in Ghana.
The Chief Justice of the Democratic Socialist Republic of Sri Lanka is the head of the judiciary of Sri Lanka and the Supreme Court of Sri Lanka. Established in 1801, the Chief Justice is one of ten Supreme Court justices; the other nine are the Puisne Justices of the Supreme Court of Sri Lanka. The post was created in 1801. The Chief Justice is nominated by the Constitutional Council, and appointed by the President. The first Chief Justice was Codrington Edmund Carrington. The 47th and current Chief Justice is Jayantha Jayasuriya.
The Attorney General of Sri Lanka is the Sri Lankan government's chief legal adviser, and its primary lawyer in the Supreme Court of Sri Lanka. The Attorney General is usually a highly respected Senior Advocate, and is appointed by the ruling government. The current Attorney General is Dappula de Livera. The president does not have any power to make orders, mandatory or otherwise, to the attorney general. He heads the Attorney General's Department which is the public prosecutor.
Peter Mohan Maithree Peiris, PC is a Sri Lankan lawyer who served as the Attorney General of Sri Lanka from 2008 to 2011 and was the de facto Chief Justice of Sri Lanka from 2013 to 2015 when President Maithripala Sirisena declared his appointment void ab initio in 2015.
Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake served as the 43rd Chief Justice of Sri Lanka. Although a qualified lawyer, she has never practiced law. After university Bandaranayake entered academia, holding a number of senior positions at the University of Colombo, including Associate Professor of Law and the Dean of the Faculty of Law at the University of Colombo. She was first appointed to the Supreme Court of Sri Lanka in 1996, becoming Sri Lanka's first female Supreme Court Judge. Bandaranayake was appointed chief justice in May 2011 following the mandatory retirement of Asoka de Silva. Bandaranayake was controversially impeached by Parliament and then removed from office by President Mahinda Rajapaksa in January 2013. and on 28 January 2015 the government of Sri Lanka, had removed all obstacles for Bandaranayake to hold her position as the 43rd Chief Justice by the President Maithripala Sirisena, on the ground that her 2013 impeachment was unlawful and as such the appointment of Mohan Peiris, her successor, was void Ab initio. This paved the way for Bandaranayake to resume duties on 28 January 2015. She retired from the position just after one day of her reappointment on 29 January 2015 claiming support for a free and fair Judiciary in Sri Lanka.
Joseph Asoka Nihal De Silva was the 42nd Chief Justice of Sri Lanka.
The Judicial Service Commission (JSC) of Kenya is established under Article 171 of the Constitution of Kenya. The commission has 11 members with the initial team appointed in December 2010.
The Deputy Chief Justice of Kenya is the deputy to the Chief Justice of Kenya and Deputy President of the Supreme Court of Kenya. The office is established under Article 163 of the Kenyan Constitution. The current Deputy Chief Justice is Lady Justice Philomena Mbete Mwilu. The office remained vacant from October 12, 2012 following the resignation of Nancy Makokha Baraza Court of Appeal Judge Kalpana Rawal was nominated by the JSC to fill the position. Judge Kalpana Rawal was the retired by the Supreme Court of Kenya after a case on retirement age was dismissed at the Supreme Court of Kenya on 14 June 2016.
Shirani Bandaranayake, the 43rd Chief Justice of Sri Lanka, was impeached by Parliament and then removed from office by President Mahinda Rajapaksa in January 2013. Bandaranayake was accused of a number of charges including financial impropriety and interfering in legal cases, all of which she has denied. The impeachment followed a series of rulings against the government by the Supreme Court, including one against a bill proposed by Minister Basil Rajapaksa, President Rajapaksa's brother. Bandaranayake was replaced as chief justice by former Attorney General Mohan Peiris. Peiris is considered to be an ally of President Rajapaksa and his appointment is seen by critics as further consolidation of power by the president and his family. Bandaranayake refused to recognise the impeachment and lawyers groups refused to work with the new chief justice. Bandaranayake's controversial impeachment drew much criticism and concern from within and outside of Sri Lanka. On 28 January 2015 she was reinstated and retired on 29 January, the next day.
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.
The 19th Amendment (19A) to the Constitution of Sri Lanka was passed by the 225-member Sri Lankan Parliament with 215 voting in favor, one against, one abstained and seven were absent, on 28 April 2015. The amendment envisages the dilution of many powers of Executive Presidency, which had been in force since 1978. It is the most revolutionary reform ever applied to the Constitution of Sri Lanka since JR Jayawardhane became the first Executive President of Sri Lanka in 1978.
The Constitutional Council (CC) is a 10-member constitutional authority in Sri Lanka tasked with maintaining independent commissions and monitoring its affairs. The Constitutional Council is aimed at depoliticizing the public service.
The High Court in Sri Lanka is the only court which exercises the jurisdiction of the court of first instance and the appellate jurisdiction with both civil and criminal jurisdiction.
The district courts in Sri Lanka are lower courts headed by a District Judge who is vested with original civil jurisdiction. In metropolitan areas such as Colombo there are multiple district courts in one location.
The Supreme Court of the Gambia is a superior court of record and the highest court in The Gambia. Established in 1851, it has appellate and original jurisdiction over any law exceeding the powers conferred by the Constitution or any law upon the National Assembly or any other person or authority.