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Politics 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, district court (Sri Lanka)s, magistrate's court (Sri Lanka)s, and primary courts. 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]
The current system of courts is defined by the Judicature Act No 02 of 1978. However, the modern form of the 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 a system of courts, existed for centuries prior to the European colonization.
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 17 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.
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 twenty other Judges.
The High Court is the only court in the island which exercises the jurisdiction of the court of first instance and the appellate jurisdiction with both civil and criminal jurisdiction. [3] [1]
District Courts are lower courts, headed by a District Judge who is vested with original civil jurisdiction. [4] [1]
Magistrate's courts are lower courts headed by a Magistrate who is vested with original criminal jurisdiction. [5] Originally known as police magistrate's courts, current magistrate's courts are established under the Judicature Act, No. 2 of 1978 to each judicial division in Sri Lanka. The minister in charge of the subject of Justice in consultation with the Chief Justice and the President of the Court of Appeal would define the territorial limits of each judicial division. At present, there are 72 judicial districts in Sri Lanka.[2]
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Every Magistrate's Court is vested with original criminal jurisdiction (other than in respect of offenses upon indictment in the High Court) and is ordinarily empowered to impose sentences up to a fine of Rs. 1,500 and/or 2 years rigorous/simple imprisonment unless power is vested in the Magistrate's Court to impose higher penalties by special provision. Appeals from convictions, sentences, or orders of Magistrate's Courts within a Province lie to the High Court of the Province. In judicial divisions which do not have Primary Courts, Magistrate's Courts exercise the jurisdiction of the Primary Courts.
All magistrates are appointed by the Judicial Service Commission, which has the power of dismissal and disciplinary control of the Magistrates. Additional Magistrates would be appointed to a Magistrate's Court. Magistrates would be seconded to Municipal Magistrate Courts. The Chief Magistrates Court in Colombo is the senior of the Magistrates Courts in the judicial division of Colombo.
In remote areas where there is only one Magistrate and/or Additional Magistrate, unofficial magistrates (known as Acting Magistrates) would be appointed to the site on behalf of the magistrate in his/her absence and postpone hearings to a later date.
The primary courts in are lower courts and are the courts of first instance. The Primary Courts in Sri Lanka is a lower court and are the courts of first instance. There are seven Primary Courts, located in Anamaduwa, Angunukolapelessa, Kandy, Mallakam, Pilessa, Wellawaya and Wennappuwa. In the other divisions, the Magistrate's Courts exercise the jurisdiction of the Primary Courts. The Primary Courts have criminal and civil Jurisdiction
Labour Tribunals are tribunals formed under the Industrial Disputes Act No.62 of 1957, to handle labour disputes and termination of employment. [6] [7]
Military courts in Sri Lanka are courts martial (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. [8] A General Court Martial has the jurisdiction similar to a High Court Trial-at-Bar, with the ability to sentence a death penalty. A military Court of Inquiry, is an initial fact-finding inquiry similar to a non-summary inquiry by a Magistrate and its findings could lead to a General Court Martial. [9]
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.
The Judicial Service Commission (JSC) appoint Quasi Judges under the Muslim Marriage and Divorce Act of 1951 in areas with a sizable Muslim population to hear cases related to marriages under the Muslim law. [10]
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. [11] 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 administer oaths, affirmations and attesting documents.
Judges can serve until the retirement age for the judges fixed at 65 years, as per the Constitution.
Supreme Court judges wear scarlet gowns when attending court. On special ceremonial occasions (such as ceremonial sittings of the Supreme Court) they would wear scarlet gown, barrister's bands and mantle and a long wig. Appeal Court judges wear dark purple gowns when attending court. On special ceremonial occasions (such as ceremonial sittings of the Appeal Court) they would wear dark purple gown, barrister's bands and mantle and a long wig.
Salaries of all Judges are paid by consolidated fund and the District Judges and Magistrates are paid by the Ministry of Justice and they are entitled for a government pension on retirement and government duty free permits. As of 2017, a High Court Judges would receive a salary and allowance of Rs 700,200 per month; a District Judge emoluments of Rs 400,300 per month and a Magistrate emoluments of Rs 395,500. [12]
The Chief Justice, Justices of the Supreme Court and Court of Appeal; and Judges of the High Court are entitled to an official vehicle (or an allowance in place of such) and police protection provided by the Judicial Security Division. Depending on their duty station High Court Judges, District Judges and Magistrates are issued official residence or an allowance in place of such.
All courts have officers to carry out the orders of the courts and its administration. [13]
The Sri Lankan Government has stated that it has no intention of joining the International Criminal Court. [14]
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Several forms of courts of law have been abolished or replaced over the years; [15]
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
Court dress comprises the style of clothes and other attire prescribed for members of courts of law. Depending on the country and jurisdiction's traditions, members of the court may wear formal robes, gowns, collars, or wigs. Within a certain country and court setting, there may be many times when the full formal dress is not used. Examples in the UK include many courts and tribunals including the Supreme Court of the United Kingdom, and sometimes trials involving children.
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland.
The Supreme Court of Sri Lanka is the highest court in Sri Lanka and the final judicial instance of record. Established in 1801 and empowered to exercise its powers subject to the provisions of the Constitution of Sri Lanka, the Supreme Court has ultimate appellate jurisdiction in constitutional matters and takes precedence over all lower courts. The Sri Lankan judicial system is a complex blend of common law and civil law. In some cases, such as those involving capital punishment, the decision may be passed on to the President of Sri Lanka for clemency petitions. The current acting Chief Justice of Sri Lanka is Murdu Nirupa Fernando.
The Supreme Court of Singapore is a set of courts in Singapore, comprising the Court of Appeal and the High Court. It hears both civil and criminal matters. The Court of Appeal hears both civil and criminal appeals from the High Court. The Court of Appeal may also decide a point of law reserved for its decision by the High Court, as well as any point of law of public interest arising in the course of an appeal from a court subordinate to the High Court, which has been reserved by the High Court for decision of the Court of Appeal.
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.
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 Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.
The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the Constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution, a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.
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 Judiciary of Sierra Leone is the branch of the Government of the Republic of Sierra Leone which interprets and applies the laws of Sierra Leone to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.
The magistrate's courts in Sri Lanka is a lower court headed by a magistrate who is vested with original 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.