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Bribery Commissioner v. Ranasinghe

Published online by Cambridge University Press:  24 January 2025

J. R. Colquhoun
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Abstract

The Constitution of Ceylon2 confers on the Parliament of Ceylon full power ‘ to make laws for the peace, order and good government of the Island ’. Section 29 (4) of the Constitution provides that.

Type
Case Notes
Information
Federal Law Review , Volume 1 , Issue 2 , June 1965 , pp. 327 - 332
Copyright
Copyright © 1965 The Australian National University

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References

1 [1965] A.C. 172; [1964] 2 W.L.R. 1301; [1964] 2 All E.R. 785. Privy Council: Viscount Radcliffe, Lord Evershed, Lord Morris of Borth-y-Gest, Lord Hodson and Lord Pearce.

2 Ceylon (Constitution and Independence) Orders in Council, 1946 and 1947.The Ceylon (Constitution) Order in Council, 1946 as amended by Orders in Council of 3 July and 8 August 1947 is printed in S.R. & O. & S.I. Revised, 1948 Vol. 3, p. 560. The collective title is given by art. 1 (2) of the Ceylon Independence Order in Council, 1947.

3 [1965] A.C. 172, 194.

4 [1932] A.C. 526.

5 1952 (2) S.A.L.R. 428; [1952] 1 T.L.R. 1245.

6 [1965] A.C. 172, 197-198.

7 Ibid. 199-20.

8 See Harris v. Minister ofthe Interior 1952 (2) S.A.L.R. 428, 468.

9 [1965] A.C. 172, 200.

10 Heuston, Essays in Constitutional Law, (1961).

11 Op. cit. 6.

12 As propounded by Dicey: The Law of the Constitution, and more recently by Professor H. W. R. Wade: The Basis of Sovereignty, [1955] Cambridge Law Journal 172.

13 The Imperial Parliament changed its own composition for certain purposes when it enacted the Parliament Acts, 1911 and 1949. It is important to note that the Bill became law in strict accordance with common law rules. It is idle to suggest that this Act should be treated as a form of delegated legislation.

14 Attorney–General for New South Wales v. Trethowan (1931) 44 C.L.R. 394, 426.

15 The contrary view could result in the necessity for constituting every administrative body in Ceylon in accordance with s. 55. But the term must, at least, be interpreted as including persons exercising judicial power, for otherwise, as Sansoni J. pointed out in Senadhira v. Bribery Commissioner (1961) 63 N.L.R. 313, 320-321, the way would be open for widespread evasion of the protection conferred by s. 55.

16 In Senadhira's case-Waterside Workers‘ Federation of Australia v. Alexander Ltd (1918) 25 C.L.R. 434 and the Boilermakers’ Case (1957) 95 C.L.R. 529;Tambiah J. in Piyadasa's case (1962) 64 N.L.R. 385 also referred to Shell Co. of Australia v. Federal Commissioner of Taxation [1931] A.C. 275 which approved the definition by Griffith C.J. in Huddart Parker & Co. v. Moorehead (1909) 8 C.L.R. 330; and in Jailabdeen v. Danina Umma (1962) 64 N.L.R. 419 Fernando J. added R. v. Davison (1954) 90 C.L.R. 353.