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Malldivian Legal System Essay

6245 words - 25 pages

1. Introduction
Maldives is an island nation in the Indian Ocean neighboring countries are India and Sri Lanka. Previously, the country was sultanate under Portuguese and then was British protectorate and obtained independence in 1965. Islam is the state religion and Dhivehi is a local language. English is widely spoken and considered as business language. The country is made up of 1,190 islands in 20 atolls which are spread over roughly 90,000 square kilometer. Only 192 of the islands are inhabited, and 70 percent of those have a population of less than 1,000 people.
The Maldives legal system is based on an admixture of Islamic Law and English common law. English common law greatly ...view middle of the document...

The Constitution is the supreme law of the land. Article 268 of the Constitution provides as follows:
“All laws of the Maldives must be enacted in accordance with this Constitution. Any law or part of any law inconsistent with this Constitution is, to the extent of its inconsistency, void and of no force and effect. The obligations imposed by this Constitution must be fulfilled. Any conduct contrary to this Constitution shall be invalid.”       
The Constitution of Maldives guarantees fundamental rights and freedom to all persons in the Chapter II of the Constitution. (Arts.16-69).
Furthermore, the Constitution of Maldives provides for powers, obligations and duties of the Parliament, the President and the Judiciary. It also, provides functions and mandates of the Constitutional Bodies, those facilities to run the State smoothly and uphold the Constitution.
4. The Political System
Maldives is a republic, based on a multi party presidential form of Political System. The three organs of the government, i.e. Executive, Judiciary and the Parliament, work separately independently which is resemble by nature American style of Separation of Powers.
Article 4 of the Constitution provides that all the powers of the State of the Maldives are derived from, and remain with, the citizens. Article 5 of the Constitution states that all legislative power in the Maldives is vested in the People’s Majlis and Article 6 of the Constitution provides that the executive power is vested to the President. By virtue of Article 7 of the Constitution the judicial power is vested to in the courts of the Maldives.
5. The Executive
Maldives has a presidential form of government. The President is elected by direct vote of the people. He is the head of the state, the Head of the government and the Head of Armed Force. The President delegates his duties and powers through his Ministers and officers appointed as per the laws at the national level. At the local levels, the government duties are designated to the local councils, i.e. Island’s Council, Atoll’s Council and City’s Council. These Councils are elected by the direct vote of the citizens i.e. the Island’s Council is elected by the island community, the Atoll’s Council is elected by the Atolls’ community and the City’s Council is elected by the City community.
6. The President’s Duties and Powers
Pursuant to Article 115 of the Constitution of the Maldives, the President shall have following duties and powers;
(a)  To faithfully implement the provisions of the Constitution and the  law, and to promote compliance by organs of the state and by the people;
(b)  To supervise the efficient and harmonious functioning of all departments of Government;
(c)   To promote the rule of law, and to protect  the rights and freedoms of all people;
(d)  To guarantee the independence and territorial integrity of the Maldives, and to promote respect for national sovereignty in the international community;
(e)   To formulate...

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