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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]
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
Legal education in Sri Lanka is based on the constitution and the legal framework of Sri Lanka which is mainly based on Roman-Dutch law.. The modern legal education in Sri Lanka dates back to 1833 when the Supreme Court was allowed by Section 17 of the Charter of 1833, to "admit and enrol as Advocates and Proctors, persons of good repute and of competent knowledge and ability upon examination ...
According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them", [6] while Salmond calls it "the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is ...
Originally known as police magistrate's courts, current magistrate's courts are established under the Judicature Act, No. 2 of 1978 to each judicial division in Sri Lanka. The Minister in charge of the subject of Justice in consultation with the Chief Justice and the President of the Court of Appeal would define the territorial limits of each ...
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 .
To practice law in Sri Lanka, one must be admitted and enrolled as an Attorney-at-Law of the Supreme Court of Sri Lanka.This is achieved by passing law exams at the Sri Lanka Law College which are administered by the Council of Legal Education and spending a period of six months under a practicing attorney of at least 8 years standing as an articled clerk.
The Supreme Court of Sri Lanka was created on 18 April 1801 with the "Royal Charter of Justice of 1801 of King George the 3rd establishing the Supreme Courts of the Island of Ceylon" by the British, who controlled most of the island at the time, excluding the inland territory of Kandy.