30 Questions
What is the term used to describe the customs observed by former kings in the Sinhalese systems?
Pera sirit
Which of the following customs is concerned with adoption, marriage, descent, and devolution of property?
Kula sirit
What is the term used to describe the customs mainly connected with village land in the Sinhalese systems?
Gam sirit
Which of the following South Indian customs is mentioned in the text?
Polyandry
What is the term used to describe the customs derived from Mauryan sources?
Mauryan sirit
What is the position of sirit or pera sirit in the Sinhalese systems?
Equivalent to common law
What is the current governing law for civil procedure in Sri Lanka?
Civil Procedure Code (Amendment) Law, 1977
What does the term 'Sources of Law' mean in a technical sense?
From which sovereign or state the law derives its force or validity
Which of the following sources of law is NOT applicable in the local context of Sri Lanka?
Acts of the UK Parliament
What is the characteristic of the Sri Lankan legal system?
A combination of Civil and Common Law
What is the hierarchy of sources in Common Law systems?
Legislation, Judicial Precedent, Equity, Local Customs
What type of acts are now repealed in Sri Lanka?
All acts passed by the UK Parliament during 1796-1947
What was the primary purpose of the Vinaya or Vinaya Pitaka in the Buddhist tradition?
To establish a code of conduct for the Sangha
What was the significance of the Vihara gam in Sri Lanka?
It was a type of land granted to Buddhist monasteries by kings
What was the main feature of the Sakyan sources mentioned in the text?
They granted independence to married women in respect of their personal and proprietary relationships
What was the main purpose of the Maghata law in Sri Lanka?
To protect wild animals and fish in Sri Lanka
What was the significance of the sima or boundaries in Sri Lanka?
They identified the lands granted to Buddhist temples
What was the significance of the Abhaya law in Sri Lanka?
It defined the rights of sanctuary in Sri Lanka
Under which Act was the High Court of the Republic established?
Judicature Act No.2 of 1978
Who appoints Judges of the High Courts?
The President, on the recommendation of the Judicial Service Commission
What is the age of retirement for Judges of the High Courts?
61 years
What type of jurisdiction does the High Court exercise?
Both Criminal and Civil jurisdiction
Under which article of the constitution was the Provincial High Court established?
Article 154P of the constitution
What is the minimum amount of debt, damage, or demand required for a case to be heard by the Commercial High Court?
Rs 20 million
What is the process for invoking the Supreme Court's constitutional jurisdiction to determine questions under Article 120?
By a written reference addressed to the CJ or by a petition in writing addressed to the Supreme Court
What is the basis for the President to seek a special determination of the Supreme Court regarding a bill?
The bill's urgency in the national interest
What is the scope of the Supreme Court's jurisdiction in interpreting the constitution?
Sole and exclusive
What is the effect of the Supreme Court's determination on a bill's constitutionality?
The bill's validity and legislative process cannot be questioned
Who can invoke the Supreme Court's constitutional jurisdiction under Article 120?
Either the President or a citizen
What is the Supreme Court's jurisdiction in respect of fundamental rights?
To hear and determine any question relating to the infringement or imminent infringement of fundamental rights
Study Notes
Constitutional Jurisdiction
- The Supreme Court's constitutional jurisdiction extends to determining questions stipulated in Article 120.
- The President or a citizen can invoke the Supreme Court's jurisdiction by a written reference or petition.
- The Supreme Court has sole and exclusive jurisdiction to interpret the constitution.
Urgent Bills
- Article 122 allows the President to require the Supreme Court to determine the constitutionality of an urgent bill.
- The President must address the Chief Justice in writing to invoke this jurisdiction.
Legislative Process
- Article 124 states that the validity of bills and the legislative process cannot be questioned.
- Article 125 grants the Supreme Court sole and exclusive jurisdiction to interpret the constitution.
Fundamental Rights
- Article 126 grants the Supreme Court sole and exclusive jurisdiction to hear and determine questions related to the infringement of fundamental rights.
Sources of Law
- Sources of law include legislation, judicial precedent, local customs, equity, and religion.
- The Sri Lankan legal system is a combination of civil and common law.
Legislation
- Legislation is a primary source of law in Sri Lanka.
- Acts of the UK Parliament passed between 1796 and 1947 applied to Sri Lanka, but are now repealed.
Mauryan Sources
- Mauryan sources include incidents of land tenure and customs.
- Examples of Mauryan sources include the positions of officials such as gamarala, lekama, and kankanama.
Sinhalese Customs
- Pera sirit (former or immemorial customs) held the same position as common law in England.
- Examples of Sinhalese customs include polyandry and the caste system.
Kula Sirit
- Kula sirit are customs handed down through generations in families.
- These customs concern adoption, marriage, descent, and devolution of property.
Gam Sirit
- Gam sirit are customs related to village land and irrigation practices.
- Examples of gam sirit include the Ande and Betma system of cultivation.
Judicial System
- The High Court of the Republic of Sri Lanka is established under the Judicature Act No. 2 of 1978.
- The High Court consists of not less than 10 and not more than 40 judges.
- Judges of the High Court are appointed by the President on the recommendation of the Judicial Service Commission.
Provincial High Court
- The Provincial High Court is established under Article 154P of the Constitution.
- The Provincial High Court has appellate and revisionary jurisdiction over Provincial Courts.
Commercial High Court
- The Commercial High Court is established under the High Court of the Provinces Act of 1996.
- The Commercial High Court has jurisdiction to hear civil actions related to commercial transactions exceeding Rs 20 million.
Test your knowledge about the history of Sri Lanka and its connection to Buddhism, including the influence of Hindu laws and the establishment of the Sangha and Vinaya Pitaka.
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