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The systems of government in Asian countries may broadly be described under the following categories: Democratic – the government structure is based on the liberal democratic structure, and the bureaucracy functions with basic laws and rules that are in conformity with this structure; Militaristic – where the basic structure is based on military command and […]

“Nothing’s ever gone too far. Anything can be reversed; these are human decisions.”  – Noam Chomsky (An interview with the Al Jazeera- Jan 12 ) President Rajapaksa does what he wishes to do. That should not surprise us as this is simply who he is. He impeached the Chief Justice saying that the law was […]

As the Chief Justice Dr. Shirani Bandaranayake left her official residence under duress from the heavy police squad that surrounded her and tried to prevent her from making any statement, she still managed to say a few words reaffirming her innocence and telling that all that she did was according to the law and that […]

Today, with the President of Sri Lanka signing the removal notice of the Chief Justice of Sri Lanka, Dr. Shirani Bandaranayake, the 1978 constitution came to be fulfilled. The 1978 constitution is a representation of the conflict between the rule of law and the absolute power of the executive president. The historical circumstances in 1978 […]

Following are some concerns expressed by Mrs. Zubeida Mustafa, a senior journalist- zubeidam2@gmail.com, about the consequences of publishing pictures and other identity details of rape victims. By doing so, the AHRC also invites other interested parties to express their point of view if they feel that further aspects need to be pointed out. It is […]

Anyone who uses their capacity for critical thought would know that the courts are the final authority in the interpretation of law; this means that once the highest court makes a determination on a matter of law, it should be accepted and acted on. If there is any error, the way to deal with it […]

A government’s spokesman, Minister Vimal Weerawansa, was quoted in the BBC Sinhala Service today saying that the judges who have issued summons on the Parliamentary Select Committee will be called before the parliament to answer under the parliamentary privilege provisions of the constitution. He went on to say, “Now NGO fellows will catch Shirani Bandaranayake […]

Sarath Nanda Silva is heavily quoted in SLBC programmes trying to criticize the Supreme Court judgment relating to the question on the interpretation of law referred to it by Court of Appeal. He says that the Supreme Court has not properly interpreted the words “or standing orders” as found in Article 107(3) of the constitution. […]

We have self-made our destabilization. We are destabilizing ourselves and blaming others for destabilizing us. Our recent history is a history of decay. With each year, we are destabilized more than the previous year; our social organization has decayed more than the  previous year. Let us take our parliament, our police, our prosecutor’s  department (Attorney […]

The government’s claim is that the case against the Chief Justice is an open and shut case, a foolproof case. It claims that the charges are extremely grave and that the evidence possessed by the government is monumental and black and white. If this is in fact the case, then the government has vast political […]

Basil Fernando The state media continues their non-stop misinformation campaign on the impeachment move by the government. Several ministers also participated in this media campaign. The central topics of the campaign are that it is the charges that are important, and not the process – meaning that whether the inquiry took place by a competent […]

In a morning programme on SLBC today (29th December) Minister Rajitha Senaratne was interviewed. Here are some of the basic points from what he stated in this interview: That the independence of the judiciary recognized within the 1978 constitution is only for the purpose of hearing cases; citing articles of the constitution, he took time […]

Tamils living in the North and East have a complained of the loss of all their rights. Most people in the South ignored these complaints. Some even said that such deprivations are punishments for what the LTTE was. The assumption was that such treatment would not be extended to the South. However this has proved […]

“The court system is skewed against ordinary folk,” says Malinda Seneviratne, writing a comment on my last article. His argument is that the people will not defend the courts as the court system is skewed against the people. However, people do have a reason to defend even the highly inadequate and problem ridden justice system […]

When the impeachment proposal was announced, the immediate reaction of many was that the outcome was pre-determined as the government has a two thirds majority in Parliament (acquired as this was even by foul means). It was therefore predicted that this would be the end of the matter. There will be rituals, like the PSC […]

The construction of a government that prevents one person becoming the prey of another can be said to be the aim of constitutionalism. Ever since Montesquieu, the greatest of political thinkers and statesmen have struggled to develop principles to achieve this aim of preventing citizens becoming prey of rulers who rule not for the purpose […]

In today’s ( December 24) SLBC program, most inappropriately called “People’s Power” – a better name would have been “A Voice from the Political Gutters” – Rajpal Abeynayake, the commentator, labeled America’s greatest judge a “cunning” and “devious” person. The commentator also called one of the most respected retired judges of the Supreme Court, CV […]

Within this week alone there were three events directed against the lawyers who are opposing the impeachment of the Chief Justice. These were: the attempted attack on the lawyer, Gunaratne Wanninayaka, the President of Colombo Magistrate’s Court Lawyer’s Association and the Convener of People’s March; the shooting incident near the residence of the President of the […]

The Bar Association of Sri Lanka passed a historical resolution today opposing the impeachment motion and avowing that, if the incumbent CJ is removed, the Bar Association will not welcome anyone who is appointed in her place. The following is a summary of the resolution given by the Lawyer’s Collective. “The President of BASL formulated […]

Tomorrow, December 15 will be a day that tests the will of the lawyers of Sri Lanka to defend their own profession and the independence of the judiciary in the country which is the foundation on which the legal profession stands. In more simple terms the resolution presented to the lawyers that they are to […]