Interpretation of Statutes at Sri Lanka
Interpretation of Statutes in Sri Lanka – Overview
Sri Lanka follows a mixed legal system combining elements of English common law, Roman-Dutch civil law, and customary laws. Statutory interpretation in Sri Lanka is heavily influenced by English common law principles, modified by local statutes and constitutional provisions.
Legal Framework for Interpretation
Constitution of Sri Lanka (1978, as amended)
The supreme law.
All statutes must be consistent with constitutional provisions.
Interpretation aims to uphold fundamental rights and constitutional supremacy.
Interpretation Ordinance (Cap. 2)
Provides statutory rules for interpreting laws.
Includes definitions, rules on computation of time, gender, singular/plural, and repeals.
Judicial Precedents
Sri Lankan courts, particularly the Supreme Court and Court of Appeal, rely heavily on precedent.
English common law precedents are often persuasive.
Civil Procedure Code and Criminal Procedure Code
Contain procedural interpretative guidelines.
Core Principles of Statutory Interpretation
1. Literal Rule
The primary rule where courts give effect to the plain and ordinary meaning of the words.
If the language is clear, it is applied as written.
2. Golden Rule
Where literal interpretation results in absurdity or inconsistency, courts modify the meaning to avoid such results.
3. Mischief Rule (Purposive Approach)
Courts consider the legislative intent and purpose, especially when language is ambiguous.
Focus on remedying the mischief or defect the statute addresses.
Additional Interpretative Aids and Presumptions
Contextual and Systematic Interpretation
Laws are interpreted in the context of the whole statute and the legal system.
Use of Extrinsic Materials
Legislative debates, committee reports, and explanatory memoranda may be consulted.
Presumptions in Interpretation
Penal laws are strictly construed.
Statutes are presumed not to apply retrospectively unless expressly stated.
Statutes are interpreted in a way consistent with fundamental rights.
Role of the Judiciary
The Supreme Court of Sri Lanka has the final say on statutory interpretation.
Courts strive for consistency, fairness, and constitutional compliance.
English common law principles and decisions are highly influential but adapted to Sri Lankan context.
Summary
Interpretation of statutes in Sri Lanka is characterized by:
A common law approach with influence from Roman-Dutch law.
Reliance on literal, golden, and purposive rules.
Emphasis on constitutional conformity.
Use of statutory interpretation ordinances and judicial precedents.
Application of interpretative aids like legislative history and presumptions.
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