Sri Lankan Law
Sri Lankan law is based on English common law
system. As a result, the English law principles such as judicial precedent
(lower courts follow the reasoning of the higher courts in similar, subsequent
cases) and ratio decidendi (reasons for judgment) govern the interpretation of
the case law. Civil cases are heard by the District Courts, and the Criminal
cases by Magistrates’ Courts and High Courts. From decisions of these trial
courts, an appeal lies to the Court of Appeals and then to the Supreme Court.
Parliament makes law in Sri Lanka. Laws
are published in Acts of Parliament. The term “Ordinance” refers mostly to
legislation passed during the British rule, the term “Law” or “Act” refers to
more recent legislation. In most laws, the Parliament delegates the rule making
authority to administrative agencies. The rules or regulations made by such
agencies are published in the Government gazette.
The legal framework of Sri Lanka is complex and a
mixture of laws ranging from Rome, England, Holland, South India and Old Ceylon.
The religious and colonial history of the nation, traced from 1505 to 1948, is
the factor responsible for this rich legislative inheritance. The Sri Lankan
judicial system has the Supreme Court as the apex court of the nation followed
by the Court of Appeal, High Court, District Courts, Magistrates' Courts and
Primary Courts.
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