Brief history of Justice of the Peace
Dulan HETTIARACHCHI
A Justice of the Peace is the immediate person that comes to mind
when the need arises for any document to be officially certified. The
post of Justice of the Peace is an honorary title in Sri Lanka assigned
to respectable personalities in recognition of their valuable service to
the country. It is imperative to study the history as to how this
responsible title came into effect.
The history of this reputable title Justice of the Peace goes back to
the 12th Century. It was in 1195 this post of Justice of the Peace was
created by Richard I in England widely became known as King's Peace. In
1327, it was introduced as a noble and legal post and later changed as
Guard of Peace. Justice of the Peace was privileged to be present at the
Court hearings chaired by the king in spite of its honorary status.
Eventually in 1361, this post was decided to be introduced as Justice of
the Peace during the rule of Edward III and has been consistently in use
to date. This position was upgraded in 1361 with powers equal to that of
the magistrate. Later this position was categorized under Urban Law in
terms of the Commonwealth Act.
Presently, Australia, Canada, Hong Kong, South Africa, India,
Belgium, Ireland, Jamaica, New Zealand, Singapore, USA operate the
Justice of the Peace system and powers of the Justice of Peace vary from
country to country.
The British Empire systematically introduced the position of Justice
of the Peace in its colonies with the intent of enactment of the English
Judicial Procedure in a bid to attract the cooperation of the local
society for expansion of their administrative powers.
The strategy of the British colonial masters for a smooth transition
from Dutch administration to British governance was the appointment of
selected leaders of the country as Justice of the Peace by a percentage
rate in the first instance.
Second Alexander of Russia introduced the Justice of the Peace to
Russia under the Legal Reforms Act in 1864.
This was mainly due to the influence of British system. However this
system was abolished in early 1900's with the establishment of Communist
Soviet Union.
In certain countries it is believed that reputable personalities
appointed as Justices of the Peace have been invested with Judiciary
powers to ease the heavy load of court hearings. Still the Justice of
the Peace posts are operated in some provinces of Australia, Ireland,
Belgium Wales and Scotland with certain Judiciary powers.
The awarding of Justice of the Peace in Sri Lanka was commenced
during the regime of Governor Sir Fredrick North in 1801 and this post
was awarded to the people of the elite society of Sri Lanka with a
hidden objective to get the high society support to administrate the
country smoothly.
At the initial level the presentation were done through the Churches.
In 1871, the power of Justice of the Peace was reformed. Today there are
more than 100,000 Justices of the Peace in Sri Lanka carry out their
volunteer service to the Society.
The appointment of Justice of the Peace by the British rulers was to
muster the support of the society for a peaceful administration
convenient to the public in resolving their social issues with a spirit
of mutual understanding and compromise.
The Justice Minister has already taken the initiative steps on the
appointment intelligent persons of the area as Justices of the Peace in
the Northern and Eastern Provinces in a bid to maintain peace and order
in the region.
Justice of the Peace has become highly popular among the public for
official certification of affidavits and documentation, an extraordinary
service free of charge.
The society extends its high regard to the Justice of the Peace for
their remarkable contribution of service rendered to the public at the
moment of need. Some Justices of the Peace are legally authorized for
all island service and some are limited to particular district only.
The National Congress of Justice of the Peace proposed by the
Secretary of the Ministry of Justice President Counsellor Suhada Gamlath
will be established in near future with the objective of meeting the
entire Justice of the Peace community at one union and promote their
welfare in recognition of a commendable service.
The administration of Justice of the Peace will continue to function
in the interest of the general public for many more years. |