Outrageous process and substance: The proposed 18th Amendment to the Constitution
Rohan Edrisinha lectures at the Law Faculty, University of Colombo and is also a Director at the Centre for Policy Alternatives. In this succinct interview conducted by Vikalpa today, Rohan flags serious concerns over the government’s proposed 18th Amendment to the Constitution. Salient points made by Rohan are,
- Significant problems with the process through which the Amendment was introduced – it was rushed, not consultative and couched in secrecy. Few outside government even had access to the proposed Amendment before it was sent to the Supreme Court.
- The Amendment goes against the promises in the President’s own Mahinda Chintanaya in 2005 and 2010.
- Completely undermines the 17th Amendment, with severe implications for, inter alia, the conduct of democratic elections.
- Cumulative effect of the proposal totally undermines the depoliticisation of democratic institutions.
- Hopes the Supreme Court will say  a referendum is needed before such a fundamental change to the Constitution is introduced.
In Strange proposals and broken promises: Constitutional reform in Sri Lanka, Rohan speaks more broadly on the significant challenges facing democracy and constitutional reform in post-war Sri Lanka.
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Mahinda Rajapakse has violated the Constitution in not settig up the Constitutional Council. this is after taking a solemn affirmation to uphold the Constitution. He is able to do this with impunity because of the absolute judicial immunity. what is there to prevent him from following the footsteps of our Sinhalese kings and acting arbitrarily. We never had the Rule of Law but only the rule of the capricious kings and queens. Tomorrow if he decides to do away with all Fundamental Rights and makes the Supreme Court subservient to him what is the fate of democracy and fundamental rights. The Supreme Court will rule against any one bringing any suit or proceeding against the President.
He may decide that elections to the Presidency are not necessary and he will then be President for life. Our disgraceful politicians are ever willing to oblige the President for money and perks. what a disgraceful people we are.
Rohan Edirisinha has clearly stated that the proposed amendments violate the sovereignty of the people and that they increase the powers of the executive presidency to a level of dictatership. These are evident to all non political right thinking citizens.
We shall see whether the supreme court will uphold the rights of the people or the power of the executive disregarding the will of the people and/or their right to express same.
The supreme court is on the verge of making the most important decision in its existence – a decision which will decide the futureof the nation.
Dear “Realist,”
Please stop writing your personal opinions under my name.
The Original Realist.
Any insights from what Aldous Huxley once said “Each country gets the leader it deserves?
‘realist’ & ‘realist’ please stop using my name…
the real realist
sinhala people sold their soles to beat ‘terrorism’ now they must pay the consequences. hellllo burma!!!
SOULS not soles!!!
Dear Realist
“sinhala people sold their soles to beat ‘terrorism’ now they must pay the consequences.”
You are absolutely right. Terrorism was such a nice thing to have around. I really miss all those suicide bombings and child soldiers.
@ wijayapala:
wijaypala replied to one of the Realists:
“Terrorism was such a nice thing to have around. I really miss all those suicide bombings and child soldiers.”
Well… I feel wijayapala’s sarcasm hides (that is, causes to get hidden), and perhaps somewhat distorts, the deeper meaning which the “selling the souls” commenter probably intended to convey. The use of sarcasm in this manner here, achieves the purpose of evading and avoiding dealing with the REAL logic of what that “Realist” commenter intended.
Unfortunately there isn’t much we can expect by way of impartiality from even the supreme court.
All we can do is ensure that the names of ALL people who may be a party to this farce are NEVER forgotten in the History of our country. There decedents’ too should be earmarked as those who helped to destroy our motherland.
I had a great respect to Mahinda since he eradicated the LTTE menace. But it has started to diminish when I could not see any progress in providing some sort of political solution to the legitimate grievances of minorities. And it kept going due so many other disgusting issues including infamous Mervin Silva-SLFP disciplinary action-found not guilty drama. I was shocked when I heard the substance of the proposed constitutional amendments and lost the last bit of respect I had for Mahinda. We have already tasted the bitterness of the 1979 constitution. Now it appears like we are going to taste the constitution more bitterly with the 18th amendments. I am shocked to hear that these amendments will give Mahinda the opportunity to contest for presidency as many times as he please. This is quiet shocking. I am eagerly waiting to see the decision of leftist in the government (Vasu, DEW etc.) If they take the right decision it will have a big impact on the government.
Paraphrasing from Thomas Jefferson and twisting him in context….
Experience has shown that individuals entrusted with power have in time perverted it into tyranny….we Lankan’s have always been a step ahead!
“Alea iacta est”