Question

Legal & Political Environment in Business ATTENTION: A) The maximum word limit of a question is 1000. B) Answers must be word-processed electronically and uploaded to the course-web before 11.55 p.m. on Wednesday, 08 April, 2020. C) Students will be penalized for any act of plagiarism. Answer any two of the following: 1. "Important requirements are to be satisfied if judicial precedents were to be recognized as a source of law." Do you agree? Giving reasons for your answer, discuss these requirements and explain the part of a judgment which may become a source of law. [15 marks) 2. "Sri Lanka has a hierarchy of courts; different courts exercise different jurisdictions. Some exercise original jurisdiction while others exercise appellate jurisdiction. Some courts exercise both original and appellate jurisdictions. On the other hand, some exercise criminal jurisdiction, others exercise civil jurisdiction; yet some other courts exercise specific jurisdictions which do not fall within this criminal-civil classification." Explain the above statement giving examples of the courts and their jurisdictions. [15 marks) 3. Discuss the roles and functions of the different organs - the Legislature, the Executive and the Judiciary - of the Government of Sri Lanka. Also assess critically how the relationship between the Executive and the Legislature got changed after the introduction of the 19" Amendment to the Constitution of Sri Lanka 4. It is essential to uphold the Public Law principle of the Rule of Law if a country is to be called a constitutional democracy Do you agree this statement? What is understood by the Rule of Law? Explain.

Answer 1

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Sri Lanka's a semi-presidential democratic republican, where the President is both head of government & of state, & of a multi-party arrangement. Executive power's carried out by the government. Legislative power vests in both the Parliament & the government. The Judiciary is autonomous of the executive & of the legislature.

The President is chosen by ballot for a 5-year term. The election happens under the Sri Lankan form of the contingent voting. Accountable to Parliament for the exercise of responsibilities as per the constitution & the laws, he may be removed from service by a 2/3rds vote of Parliament along with the consensus of the Supreme Court.

He appoints & heads the cabinet responsible to Parliament. The President's deputy is the PM, he (PM) leads the ruling party in the Parliament. A parliamentary no-confidence voting needs dissolution of the cabinet of ministers & the nomination of a new one by the President.

The Parliament has two hundred and twenty five members, elected for a 5-year term, 196 members voted in multi-seat constituencies & 29 thru proportional representation.

The chief modification is that the party which gets the biggest number of valid votes in every constituency gets a unique ‘bonus seat’ . The president may suspend/ summon / adjourn the Parliament any time after it has served for 1 year. Parliament enjoys the power to make all the laws.

Judiciary comprises of a Supreme Court, High Court, & manifold subordinate courts. Sri Lanka's legal arrangement mirrors diverse cultural impacts. Criminal law is basically British. Civil law is Dutch, but rules pertaining to marriage, separation, & inheritance are communal.

The 19th Amendment was passed by the 225-member  parliament. It aims at a reduction in the powers of Presidency, that were in force since 1978. Its the most revolutionary reformation ever applied to the constitution since Jayawardhane became the 1st Executive President in 1978.