Won the “War” but Lost the Law
Calling a civil conflict or a civil war, a war itself, is very misleading. Wars are fought with external enemies. However, civil conflict or a civil war is a fight that takes…
Constitutional Reform
A Submission on the Making of a New Constitution
This submission is made on the assumption that the attempt to make a new constitution is an act done in good faith, motivated solely by the attempt to address what has gone…
A Proposal for a New Chapter on Fundamental Rights and Freedoms in the Constitution
This proposal for a new Chapter on Fundamental Rights and Freedoms in a future constitution was prepared in response to the public invitation to submit proposals to the Ministry of Justice Experts…
Nonsense Upon Stilts? Revisiting Justifications of Presidentialism In Sri Lanka
With the enactment of the Twentieth Amendment, Sri Lanka embarks yet again down the fraught path of authoritarian presidentialism. Whether this latest adventure ends in a democratic nightmare, or is as fleeting…
A Constitution for a Third Republic? Time to Imagine a Better Republic for Sri Lanka
The government has taken steps to draft a new constitution for Sri Lanka, which is likely to replace the existing constitution , including its recently passed 20th Amendment. Thus, a Third Republican…
Sri Lanka: Rising Autocracy and Historical Experiences
S. P. Huntington has presciently warned that democratic transitions are vulnerable and reversible if ruling elites do not show genuine commitment to democratic values. He argues: “When they are out of power,…
Frames of Power: Site enhancements
Building on the award-winning Corridors of Power project, Frames of Power is a pioneering, non-partisan initiative for citizens to interactively model perceptions of political authority and approaches to constitutional power. The production…
Reform the Proposed 20th Amendment to Strengthen, Not Weaken, Transparency and Public Oversight
Following parliamentary elections, President Gotabaya Rajapaksa wasted no time in obtaining cabinet approval and thereafter gazetting the proposed 20th Amendment to the 1978 Constitution of Sri Lanka. Many commentators have noted how…
The 20A: A Very Wrong Approach to Constitution-Making
Photo Courtesy of Midday The proposed 20th Amendment has several major defects. One of its key faults is that its sponsors and framers have chosen a very wrong approach to constitution making.…
Sri Lanka and the UN: Retreating from Human Rights and Democracy
Concern is growing, at home and internationally, about increasing unwillingness among leaders – especially the president – to accept checks on the power exercised over the people of Sri Lanka. “I am…
The Fearful President
“If you think this has a happy ending, you haven’t been paying attention.” — Ramsay, Articles penned on recently by Jayadeva Uyangoda, Asanga Welikala and Gehan Gunatilleke as well as elsewhere, by…
20A is a Political Blunder
Déjà vu? Once upon a time, a mighty government with a two-thirds majority in parliament engaged in political opportunism, and radically changed the constitution of Sri Lanka. It ignored more than a…
Some Reflections on the Twentieth Amendment Bill
As the Twentieth Amendment Bill is brought before Parliament – and challenged in the Supreme Court – there are two critical sets of questions we need to seriously consider. These are, firstly,…
Judges, Civil Society and Opposition Push Back Against 20th Amendment
Photo courtesy of Sri Lanka Brief The Rajapakse Administration, by Government gazette, published its proposed 20th Amendment to Sri Lanka’s Constitution and subsequently the Secretary General of Parliament announced that it would…
And Then They Ruled Happily Ever After?
Photo courtesy of Twitter Think of it as the Rajapaksa fairy tale. Mother Lanka is captured by the messy and wobbly monster called Democracy. The Rajapaksa brothers and sons rescue her by…
