Transformation from Constitutional Disequilibrium to Sustainable Equilibrium? Is it Possible?

by Laksiri Fernando

“The Constitution doesn’t belong to a bunch of judges and lawyers. It belongs to you.” – Anthony Kennedy (US Supreme Court Judge)

( August 14, 2016, Sydney,  Sri Lanka Guardian ) Traditionally, ‘constitutional equilibrium’ talked about the balance between the legislature, the executive and the judiciary. Independence of the judiciary was of paramount importance. Montesquieu in his ‘The Spirit of Laws’ (1748), argued that England preserved constitutional equilibrium and thus human liberty because of separation of powers and checks and balances. While this is still valid and fundamental, there are many other aspects of constitutional equilibrium or disequilibrium that we need to be concerned about under modern circumstances.

Sri Lanka has gone through quite a number of constitutional upheavals particularly in the 1970s and in recent times. Take the recent examples of constitutional amendments of the 17th, the 18th, and the 19th. They were going back and forth, let alone the dictatorial orientation of the 18th Amendment. A primary objective of a new constitution, therefore, has to be to give some stability to the constitutional system. The rationale or the felt need for a new constitution is long standing while this is going to be the fourth constitution of Sri Lanka, if it is successful, since independence in 1948. Admittedly, therefore, there has been some continuous disequilibrium in the constitutional system in the country.

Transformation From Constitutional Disequilibrium to Sustainable Equilibrium is It Possible by Thavam Ratna on Scribd

Submissions for the Public Representation Committee on a New Constitution (1) by Thavam Ratna on Scribd