Liyanage v The Queen

Legislation directed at particular individuals in pending criminal proceedings was an unconstitutional interference with the judicial power.

Citation
[1967] 1 AC 259
Court
Privy Council
Year
1967
Subject
Public Law
Topic
Separation of powers and parliamentary privilege

Facts

After a failed coup in Ceylon (now Sri Lanka) in 1962, the Parliament of Ceylon passed legislation that applied retrospectively to those accused of taking part in the coup. The legislation allowed arrest without warrant, changed the rules of evidence, created new offences with retrospective effect, set minimum sentences and allowed trial without a jury before judges nominated by the Minister of Justice. The accused were convicted and appealed to the Privy Council.

Legal principle

The Privy Council held that the legislation was invalid and quashed the convictions. The Constitution of Ceylon, although it did not expressly say so, gave the judicial power exclusively to the judiciary, and it created a separation of powers between the legislature, executive and judiciary. The legislation was directed at particular known individuals in particular pending proceedings, and it was designed to secure their conviction and severe punishment. It amounted to a legislative judgment and an interference with the functions of the judiciary, which the legislature had no power to make. The case shows how written constitutions can protect the separation of powers.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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