Legal arguments against the proposal to present the draft Constitution

The basic legal argument against the proposal to present the draft Constitution is as follows;

The proposal is based on a false premise as it denies the process of the making of the Constitution whereas it must provide everyone and every group of people the right of participation as it is a Constitution of the people and not of a Government.

The existing Constitution which is fundamentally flawed is a major factor and has caused all the crises in the country. The major flaw is that it has situated the head of state above the law – above the jurisdiction of the courts. Once anyone is placed above the law, it is not possible to operate a legal system based on the principle of equality before the law.

This makes it impossible to operate the principle of the supremacy of the law and instead the system creates the supremacy of man, which the Chinese characterised as the “rule of man”. Under those conditions, the law ceases to be the organising principle and foundation of the social organisation of the society.

Under these circumstances, judicial power, its role and independence is drastically undermined. Public institutions cannot perform their legally required function, and the administration of justice with a legal framework becomes impossible and law enforcement suffers a drastic setback. Such a situation in law is called “a state of disorder”.

The present state of Sri Lanka is one of disorder and that is the root cause of all major problems in Sri Lanka. The only justifiable reason for the nation to have a new Constitution is to get over the state of disorder and chaos it is in and to return to an orderly society based on the supremacy of the law and the rule of law.

In order to achieve this original …read more

Source:: LNW English