By’ Victor Ivan
The country has got caught in a whirlwind of anarchy. Although there are dictatorial aspirations and tendencies looming in the air, they are not likely to materialise and secure a firm foothold against the whirlwind of anarchy. The anarchy that sweeps the country will shatter both the limited democracy that prevails as well as the dictatorial aspirations. Yet still all the eyes are fixed on the 20th Amendment.
In regard to the subject of the Constitution particularly the knowledge of philosophical, legal and political concepts related to the Constitution is concerned, Sri Lanka lags far behind. The rulers of the country have often tended to violate the Constitution as if it was an act of heroism. Such actions of rulers do not seem to have provoked strong public protest. Also, instances were not rare when even the judiciary which is bound to defend the sanctity of the Constitution tends to support the rulers when they violated the Constitution, blatantly.
Generally the Constitution of a nation is reckoned to be the most supreme legal document over all the laws of the land that exemplifies the main functions and the structure of the State and their interrelationship, and the principles governing them.
Usually, the Constitution of a nation or a country is enacted for long-term purposes as against short-term objectives. The unwritten Constitution of Great Britain is more than 800 years old. The American Constitution is 230 years old. No matter how old the Constitutions of these two countries were; they haven’t got tired of their constitution.
So far, Sri Lanka has adopted three Constitutions in the last 72 years. The Government is now contemplating on making the fourth Constitution. This reflects that Sri Lanka has yet to acquire the knowledge and discipline needed for autonomous democratic rule despite 72 years having passed since independence.
Continue reading ‘Every time Sri Lanka has ventured on making a constitution, it has always been viewed from the angle of the ruling party rather than that of the people and the country. This demonstrates the extent of ignorance of Sri Lanka on the subject of constitution making.’ »