Remedies in Administrative Law; The Sri Lankan Experience

Abstract

Administrative remedies can be identified as a set of remedies that provides redress against violations of right by those who are wielding administrative authority which is granted to them by a statute of the parliament or any other law deriving its authority which can be linked to an Act of Parliament. When one considers the development of these administrative remedies from a Sri Lankan perspective, it is evident that the influence of English law as a former British colony, is present in her jurisprudence pertaining to the development of the said remedies. While during the colonial period, following English decisions and principles were the sine qua non when it came to the practices of the Courts. However, after gaining independence and establishing an independent judiciary by breaking the bonds with the Privy Council in 1971, the Sri Lankan judiciary formulated a set of principles and rules concerning the granting of administrative remedies based on a Constitutional provision. This paper examines both the history and contemporary practices of the Courts in granting administrative remedies for those who seek administrative redress