Sources of Law in Sri Lanka

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Questions and Answers

What is the primary function of a constitution in a country?

A constitution serves as the fundamental law of a country, dictating the basic structure, powers, and functions of the government, including the legislature, executive, and judiciary.

Describe the two main types of constitutions that preceded the current constitution of Sri Lanka.

The two main constitutions before the 1978 constitution were the Ceylon (Constitution) Order in Council of 1946, also known as the Soulbury constitution, and the Constitution of the Republic of Sri Lanka, 1972, which was the first republican constitution.

What is meant by 'Legislation' in the context of law, and how does it relate to 'Statutes'?

Legislation refers to laws enacted by a sovereign state's parliament. Statutes are a type of legislation, often used interchangeably with 'Acts' passed by the parliament.

Explain the concept of 'Delegated Legislation' and provide an example.

<p>Delegated Legislation refers to laws made by an entity besides parliament, often based on powers granted by an existing Act. An example is when an Act authorizes a government ministry to create regulations on a specific subject, such as environmental protection.</p> Signup and view all the answers

How were prerogative instruments used during the colonial period in Ceylon?

<p>Prerogative Instruments were used by the British Crown during the colonial era in Ceylon to legislate, as Ceylon was a ceded colony. They held the power to make laws for the colony through these instruments.</p> Signup and view all the answers

What is the definition of delegated legislation?

<p>Delegated legislation is created by a body other than the supreme legislative authority, but derives its authority from the supreme authority.</p> Signup and view all the answers

What is the significance of Statutory Instruments regarding UK Acts in relation to colonies?

<p>Statutory Instruments provided a mechanism to extend the application of UK Acts to specific colonies. Acts were not automatically applicable to all colonies, requiring an Order in Council to extend their scope.</p> Signup and view all the answers

What are the three categories of Local Legislation in Sri Lanka?

<p>Local Legislation in Sri Lanka consists of three categories: Regulations and Proclamations issued by Governors, Ordinances passed by colonial legislatures, and Acts passed by the Parliament of Ceylon after 1948.</p> Signup and view all the answers

Explain the concept of judicial precedent. How does it influence future cases?

<p>Judicial precedent, or stare decisis, is the practice of using previous court decisions as a basis for rulings in similar cases. It ensures consistency and predictability in legal outcomes.</p> Signup and view all the answers

What was the primary focus of the Industrial Disputes Act in Sri Lanka prior to 1947?

<p>The Industrial Disputes Act focused on resolving disputes between employers and employees, covering issues such as termination of employment, reinstatement, and compensation.</p> Signup and view all the answers

What are the two essential conditions for a doctrine of binding precedent to be effective in a legal system?

<p>A hierarchy of courts and a system of law reporting are essential for a doctrine of binding precedent to be effective.</p> Signup and view all the answers

Explain the two aspects of a judge's decision in the context of judicial precedent.

<p>A judge's decision resolves the immediate dispute between parties, and it also establishes a legal principle (ratio decidendi) that can be applied to future cases.</p> Signup and view all the answers

What is the difference between a judge's decision and a law report?

<p>A judge's decision addresses a specific case, while a law report summarizes the decision and its key legal principles for future use.</p> Signup and view all the answers

Why is a hierarchy of courts important for the effective application of judicial precedent?

<p>A hierarchy ensures that a decision of a higher court is binding upon lower courts, providing a system of legal authority and consistency.</p> Signup and view all the answers

Describe how customs have become less important as a source of law.

<p>With the development of judicial systems, legislation, and case law, the reliance on customs as a primary source of law has decreased.</p> Signup and view all the answers

Explain the significance of the ratio decidendi in a judge's decision regarding legal precedent.

<p>The ratio decidendi, the legal principle underlying the decision, is the binding part of a judge's decision and serves as a precedent for future cases with similar facts.</p> Signup and view all the answers

Flashcards

Sources of Law

Hierarchical categories of laws in a country, including the constitution, legislation, statutes, and by-laws.

Constitution

The fundamental law of a country that sets out the structure of government and the fundamental rights of citizens.

Legislation

Acts passed by the parliament that serve as a significant source of law, often called statutes.

Prerogative Instruments

Legislative powers exercised by the Crown during colonial times, allowing the issuance of laws in Ceylon.

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Statutory Instruments

Subordinate legislation that allows a parent Act to empower further laws or extend its application.

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Local Legislation

Laws developed by local authorities, including regulations, proclamations, ordinances, and acts.

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Industrial Disputes Act

A law aimed at resolving employment disputes between employers and employees, encompassing various employment issues.

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Sri Lankan Constitution, 1978

The current constitution establishing the framework of state and law, known as the second republican constitution.

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Delegated Legislation

Legislation created by an authority other than the supreme legislative body.

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Judicial Precedent

Past court decisions that inform future cases and rulings.

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Ratio Decidendi

The legal principle or rule behind a court's decision.

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Stare Decisis

The doctrine that obligates courts to follow historical cases.

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Hierarchy of Courts

The organization of courts from highest to lowest authority.

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Law Reporting

The publication system that documents court decisions.

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Customs

Practices followed by a community over a long time.

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Binding Precedent

A decision that must be followed by lower courts.

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Study Notes

Sources of Law

  • A range of sources exist, hierarchically ordered.
  • These include: Constitution, Legislation, Statutes, and By-laws.

Constitution

  • The fundamental law of a country, shaping other laws.
  • Determines the structure of the legislature, executive powers, and judiciary.
  • Sri Lanka's constitution history includes the Ceylon constitution (Soulbury constitution, 1946) and the first and second republican constitutions (1972 and 1978).

Legislation

  • Acts passed by a sovereign state's parliament.
  • A crucial source of law in common law traditions.
  • Often also called "Statutes", especially in Sri Lanka.
  • Applying Sri Lankan legislation involves five areas:
    • Acts passed by the UK parliament
    • Prerogative instruments
    • Statutory instruments
    • Legislation made by local legislatures
    • Delegated legislation

Prerogative Instruments

  • Used for legislation during the colonial period in Ceylon, by the UK.

Statutory Instruments

  • Acts of the UK Parliament enabling the Privy Council to create subordinate legislation, or extend powers to colonies.
  • Not all UK Acts apply to all colonies uniformly; further enactment by Order-in-Council is often required.

Local Legislation

  • Three types of local legislation exist in Sri Lanka:
    • Regulations and proclamations issued by Governors, 1801-1833
    • Ordinances enacted by colonial legislatures, 1833-1947
    • Acts passed by the Sri Lankan parliament (after 1948).

Sri Lankan Legislation (Prior to 1947)

  • Legislation prior to 1947 focused on resolving industrial disputes.
  • This involved issues like employment terminations, reinstatement, and compensation.

Delegated Legislation

  • Legislation enacted by bodies other than the supreme legislative authority.
  • Derived authority from the supreme body, subject to its control and interference.

Judicial Precedent

  • Precedent is a previous instance or case providing a rule or guidance for future similar cases.
  • Cases with similar circumstances can be justified or supported using precedent.
  • All legal systems rely importantly on precedent.
  • Judicial precedent holds significant weight in deciding cases.
  • Rulings of previous superior courts bind lower courts.
  • However, not all parts of a court's ruling are binding; only the ratio decidendi (reasoning behind the decision) is legally binding.

Stare Decisis

  • A legal doctrine where courts are obligated to follow previous rulings on similar cases, particularly established appellate court decisions.
  • This requires a hierarchy of courts and a comprehensive system for law reporting.

Customs

  • Communities often uphold practices that have been habitually followed for an extended period.
  • Customs are not necessarily automatically considered legally binding by courts.
  • However, customs are less significant compared to written law, judicial precedent, and legislation.
  • Examples like wearing black at funerals, were initially customs but became less important after more law-making and enforcement processes were created.

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