Law & Justice PDF

Grasping the Concepts: Law and Justice It is essential for everyone to have a fundamental understanding of the law. Remember, “Ignorance of the law is no excuse” (Ignorantia Juris Non Excusat). Last week, we established that law can be broadly defined as a system of rules designed...

Grasping the Concepts: Law and Justice It is essential for everyone to have a fundamental understanding of the law. Remember, “Ignorance of the law is no excuse” (Ignorantia Juris Non Excusat). Last week, we established that law can be broadly defined as a system of rules designed to regulate how individuals behave in society, enforced by those who hold sovereign authority. Justice embodies the principle of impartiality and is built on two key components: truth and morality. Law must serve as a foundation for justice, striving to eliminate wrongdoing and foster fairness. Consequently, the core mission of law is to ensure the delivery of justice. When the law fails to apply uniformly, it risks descending into arbitrary rule and paving the way for autocracy. Essential Requirements for Achieving Justice 1. The right to be informed about the allegations or charges against a person. 2. The right to prove one’s innocence. 3. The right for an individual to appear in court on their own behalf or to be represented by a lawyer. Law and justice are two distinct concepts Law Justice Enact and implement laws Rooted in our conscience and by the government. wisdom, Forceful implementation Informed by customs, traditions, may be necessary if social experiences, and religious required. beliefs. Includes social penalties, such as Violations are punishable by ostracism from the community. Deeply connected to human law. emotions and empathy. Regulates the behavior of Enforced through state citizens. mechanisms. Specific in nature. Often ambiguous and lacking in Open to interpretation. precision.  Law Justice Ensure consistent Rooted in the richness of implementation across individual and social all sectors of society. diversity. The scope of our focus is Expand with a holistic targeted and specific. perspective. Position this as a A social approach is crafted proactive strategy for from an understanding resolving issues as they of human emotions. emerge.  Doctrine of the Separation of Powers The separation of powers is essential for effective governance, as it divides authority among the Parliament, Executive, and Judiciary. This framework ensures that no single entity holds too much power, promoting accountability and safeguarding democratic principles. Baron de Montesquieu, a pivotal Enlightenment philosopher, boldly proclaimed that despotism poses the most significant threat to effective governance. In his seminal work, "The Spirit of the Laws," he compellingly argued that the separation of powers among the legislative, executive, and judicial branches is vital to safeguarding against tyranny. This essential structure not only defends individual liberties but also fosters a just society by preventing the dangerous concentration of power, ensuring that freedom and justice prevail. Modern Sri Lanka Since gaining independence as Ceylon and becoming Sri Lanka in 1972, the country has followed a trias politica model of governance. However, many question the true independence of each government branch and the effectiveness of the checks and balances in place. Evaluating these mechanisms is crucial to ensuring democracy and maintaining a clear separation of powers Ceylon, until 1972 operated under the Soulbury Constitution from independence in 1948. In 1970, Sirimavo Bandaranaike obtained a two-thirds parliamentary majority in coalition with the LSSP and the Communist Party, despite winning only 49% of the votes. This majority enabled her to establish the first Republican Constitution. In 1977, J.R. Jayewardene won a five-sixths majority with just over 50% of the votes and introduced the Executive Presidential model in 1978. Prior to this, the electoral system was based on first-past-the-post voting.  The 1978 constitution established a proportional representation model for the next parliamentary election and has since been amended more than 20 times. Political parties in power voted unanimously on all amendments, adhering to strict party rules that discouraged dissenting opinions within the party and Parliament. Despite some public consultations, their effectiveness and grassroots involvement remain questionable. This raises concerns about the legislature's independence  Executive In Sri Lanka, the Executive branch plays a vital role in the effective implementation of laws and the efficient management of government operations. Led by the President, this branch enforces laws passed by the Legislature, ensuring that the government functions smoothly and responsibly. However, it cannot legislate independently, which reinforces the importance of the legislative process. The Judiciary of Sri Lanka The Judiciary of Sri Lanka is crucial in safeguarding constitutional law, serving as the protector of citizens' rights and freedoms as outlined in the Constitution. Established under this foundational document, the judiciary holds the essential responsibility of ensuring that all legislative and executive actions adhere to constitutional principles. This role is fundamentally tied to the principle of judicial review, which empowers the courts to scrutinize and uphold the constitutionality of laws and government actions. By doing so, the Judiciary not only maintains the rule of law but also reinforces the democratic values essential for a just society. Independence of the Judiciary (Court System) The Judiciary serves as the cornerstone of justice in our society. The image of a blindfolded lady holding a scale symbolizes justice, illustrating the principle that fairness is a right for everyone, free from any bias. The Sri Lankan Constitution, specifically Articles 107 to 117, is designed to safeguard the independence of the Judiciary, ensuring a fair and impartial legal system for all citizens. Continued Ensure transparent and fair judge appointments. Set clear guidelines for the removal of judges. Confirm competitive salaries to attract top talent. Uphold the principle of judges focusing solely on their duties. Establish an independent Judicial Service Commission. Protect the judicial system from unnecessary external interference.  Legal Officers of the State in Sri Lanka The Minister of Justice: 1. Shape laws for the judicial system to meet society's needs. 2. Present these laws to Parliament and Advocate for their passage. 4. Execute duties as outlined by the Constitution and relevant statutes. The Chief Justice: 1. According to Chapter XVI of the 1978 Constitution, the Supreme Court is Sri Lanka's highest court, with the Chief Justice leading. 2. The Chief Justice is empowered to review and improve the legal system, ensuring justice for all. 3. The Chief Justice is essential in supervising, directing, and controlling the Registrar and the registry of the Supreme Court to ensure efficient operations. 4. Article 136(1) of the Constitution empowers the Chief Justice, along with three other judges, to establish key regulations concerning: The terms for entertaining appeals in the Supreme Court and Court of Appeal, ensuring fairness. Clear procedures for hearing appeals to uphold justice. Comprehensive rules relevant to the appeal process. Dismissal of non-compliant appeals to maintain order. Timelines for initiating legal actions and dismissing cases for non-compliance, streamlining proceedings. Rules for granting bail, balancing rights and justice. Guidelines for staying proceedings to ensure efficiency. Preparation of accurate records for appeals, supporting a fair and documented process  The admission, enrollment, engagement, suspension, and removal of attorneys-at-law, along with appointing Senior Attorneys-at-law, create a professional framework through established rules of conduct. Defining proper attire for judges, attorneys-at-law, and court officers reinforces the dignity of the judicial system. A structured approach for preparing juror panels, including methods for summoning and challenging jurors, ensures fairness in legal proceedings. Clear outlines for the proceedings of Fiscals and ministerial officers enhance efficiency and integrity in the courts. Enacting rules to fill gaps in court practices promotes clarity and accessibility for all participants. Regular updates to court rules are essential for adapting to changing legal standards. The Chief Justice's role as Chairman of the Judicial Service  The Attorney General The Attorney General of Sri Lanka has its origins in the Advocate Fiscal from the Dutch era. Established by Ordinance No. 01 of 1883, Sir William O’Gale Carr was the first to hold this important position. The Attorney General serves as the Chief Law Officer and plays a crucial role in upholding justice. As the head of the Attorney General’s Department under the Ministry of Justice, this role is essential for protecting citizens' rights and The Crucial Role of the Attorney General of Sri Lanka Representing the government in cases involving government entities and institutions. Providing essential legal advice in matters related to the government. Initiating and managing all legal proceedings involving the government, whether as a plaintiff or defendant. Advising the President on recommendations concerning the implementation of capital punishment for individuals sentenced to such punishment. Offering necessary legal guidance on the legislation presented to Parliament. Participating as a party in cases heard by the Supreme Court.