A Critical Analysis on the Application of the Legal Principle of Rule of Law in the Criminal Justice System of Sri Lanka

Abstract

It is the responsibility of the State to protect its citizen from crimes and criminals. The main objective of criminal justice is to provide justice for the victim, offender and society at large. The criminal justice system aims to uphold the safety of the people and the crime free and peaceful society by extending its role to reduce the degree of crime commissions, to protect the rights of the parties in a criminal matter, to ensure the fair and speedy disposal of the criminal cases, to enhance the process of the rehabilitation of offenders, promote the treatment of victims and witnesses, improve people’s feeling of safety and develop confidence in the criminal justice system. The main agencies of the criminal justice system have to play a vital role in this regard. However, there are some concerns as to whether Sri Lanka has an effective criminal justice system which could successfully achieve the above said objectives of criminal justice. There is also a question whether the main agencies of the criminal justice system of Sri Lanka would effectively function as to sustain the principles of legality, ensure the equality before the law and maintain law and order, in other words to uphold rule of law and governance in the country. Therefore, this paper intends to discuss the relationship between the rule of law and criminal justice system by evaluating/examining the constitutional provisions, the substantive criminal law and procedural laws and laws relating to executive (law enforcement and correctional) and judicial functions. To complete the paper the study engages in library research rigorously and field research to a certain extent.