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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]
Under the Soulbury Constitution, which consisted of The Ceylon Independence Act, 1947 and The Ceylon (Constitution and Independence) Orders in Council 1947, Sri Lanka was then known as Ceylon. [1] The Soulbury Constitution provided a parliamentary form of Government for Ceylon and for a Judicial Service Commission and a Public Service Commission.
The Sri Lankan Constitution of 1972 was a constitution of Sri Lanka, replaced by the 1978 constitution currently in force. It was Sri Lanka's first republican constitution, and its second since independence in 1948. The constitution changed the country's name from Ceylon to Sri Lanka, and established it as an independent republic.
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. Article 111 of the Constitution and section 4 of the Judicature Act , No. 2 of 1978 as amended by Act, No. 16 -1989 describes that The High Court must consist of ...
At present there are 72 judicial divisions in Sri Lanka. [2] It has jurisdiction of; criminal cases filed under the penal code and other laws within its jurisdiction. First mortem examinations. Post mortem examinations. Issue of Warrants of Judicial orders to arrest and produce suspected persons. Issue of search warrants.
Article 118 of the Constitution - the Supreme Court is the highest and final superior court of record and is empowered to exercise original advisory and appellate judicial functions. It is also the final Court of Record and the Court of Appeal of Sri Lanka.
The Constitution of Sri Lanka prohibits the Supreme Court from striking down Article 365A because the Constitution does not provide the Supreme Court with the power of judicial review. The second republican constitution was amended to state "all bills passed in parliament shall become law after it receives the Speaker's Certificate (79), it ...
The legal system in Sri Lanka comprises collections of codified and uncodified forms of law, of many origins subordinate to the Constitution of Sri Lanka which is the highest law of the island. Its legal framework is a mixture of legal systems of Roman-Dutch law , English law , Kandian law , Thesavalamai and Muslim law .