Unit 14 Political Structures and Processes in Sri Lanka I
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Breakdown of the Harmonious Relations That Existed
Breakdown of the Harmonious Relations that Existed Between Sinhala and Tamil Political Leaderships and the Development of Feelings of Insecurity among the Latter During the 1919-1948 Period: A Historical Analysis Gamage, Lakmini Department of History & Archeology Facalty of Arts University of Ruhuna [email protected] Background Westernized Ceylonese elite class leaders had been engaging in political agitation against the British rulers from around the beginning of the 20th Century. This included both Sinhala and Tamil leaders. Even though Tamils were one of the minority communities in Ceylon, Tamil leaders worked shoulder to shoulder with Sinhala leaders for achieving constitutional reforms in Ceylon. The high caste Tamils were treated more favorably by the colonial administration as could be seen by the fact they provided a high standard of English education facilities in the Jaffna peninsula but not in the Sinhala areas. As a result, high caste Jaffna Tamils were able to receive a good English language based education which enabled them to maintain themselves at a higher social level. Due to those advantages the Tamils were able to engage in the forefront of the political agitation movement, ahead of the Sinhala leaders (Silva, 1967, p 90). During the first two decades of the 20thCentury, a remarkable phenomenon was the unity and harmony which prevailed between Sinhala and Tamil leaders. None of the Sinhala or Tamil leaders viewed or wished for anything from the ethnic angle; rather, they focused on reforms that would benefit the whole of Ceylon. Leaders laid emphasis on the common goals, rights and needs of both communities. -
Constituent Authority Richard Kay University of Connecticut School of Law
University of Connecticut OpenCommons@UConn Faculty Articles and Papers School of Law 2011 Constituent Authority Richard Kay University of Connecticut School of Law Follow this and additional works at: https://opencommons.uconn.edu/law_papers Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, and the Law and Society Commons Recommended Citation Kay, Richard, "Constituent Authority" (2011). Faculty Articles and Papers. 274. https://opencommons.uconn.edu/law_papers/274 +(,121/,1( Citation: 59 Am. J. Comp. L. 715 2011 Content downloaded/printed from HeinOnline (http://heinonline.org) Mon Aug 15 16:57:05 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0002-919X RICHARD S. KAY* Constituent Authorityt The force of a constitution, like the force of all enacted law, de- rives, in significant part, from the circumstances of its enactment. Legal and political theory has long recognized the logical necessity of a "constituentpower." That recognition, however, tells us little about what is necessary for the successful enactment of an enduring consti- tution. Long-term acceptance of a constitution requires a continuing regard for the process that brought it into being. There must be, that is, recognition of the "constituent authority" of the constitution-mak- ers. This paper is a consideration of the idea of "constituentauthority" drawing on a comparison of various constitutional systems. -
The Socialists and the Nationalist Movement in Sri Lanka 1931 - 1948 : II (Ctd
The Socialists and the Nationalist Movement in Sri Lanka 1931 - 1948 : II (ctd. from Rohana I) — M. U. D e Silva Meanwhile, the government took steps, to promulgate the necessary rules under the Defence (Miscellaneous) Regulations. These rules conferred on the Governor, the Officers of State, the Military and the Police a tremen dous amount of power nullifying civil liberties enjoyed by the people and their representatives. The powers given under the Donoughmore constitu tion were getting evaporated.1 Meanwhile, S. W. R. D. Bandaranaike, who appeared to have had a clear understanding of the traditional forces at work in society, had formed the Sinhala Maha Sabha in order to give a new impetus to them. Dressed in the traditional national costume and abdicating Christianity, he mobilized the forces of traditional culture elements. While the Samasamajists were struggling for political and economic emancipation from imperialist control, the Sinhala Maha Sabha sought solutions rooted more securely in the tradi tional cultural and religious patterns of the people. A section of the Ceylon National Congress also collaborated with the political programme of the Sinhala Maha Sabha which was based on religio- linguistic nationalism. Though the Samasamajists at their Youth League stage had stressed much on the traditional cultural heritage, by now they had begun to lay more stress on the political and economic problems. Therefore, while the Samasamaja struggle became more than a political liberation movement, the Sinhala Maha Sabha struggle took the form of a Sinhalese Buddhist revivalist movement. As a result every attempt at a precise defini tion of the political programme of the latter provoked charges of communa- lism.2 However, since Bandaranaike belonged to a Mudaliyar family, and was a member of the Board of Ministers as well, he commanded the support and sympathy of the bureaucracy as well as of the dying feudal elements. -
Politics in Plural Societies : a Theory of Democratic Instability
POLITICS IN PLURAL SOCIETIES A Theory of Democratic Instability ALVIN RABUSHKA University of Rochester and KENNETH A. SHEPSLE Washington University, St. Louis Charles E. Merrill Publishing Company A Bell & Howell Company Columbus, Ohio CHAPTER 5 Majority Domination We turn in this chapter to an analysis of ethnic politics in dominant major- ity configurations. A major theme that emerges from this analysis is the denial by majorities of political freedoms to minorities as well as access to a proportional share of the public sector. First we explore ethnic politics in Ceylon to illustrate how a dominant Sinhalese majority deals with an important Tamil minority; second, we extend the empirical coverage with a comparative treatment of majority domination in Northern Ireland, Cyprus, Mauritius, Rwanda, and Zanzibar (now part of Tanzania). Ceylon The most important source of division and disruption in Ceylonese politics and the greatest impediment to integrative trends has been the persistence of sentiments of identification and solidarity with broader primordial groups generally referred to as communities.1 The Sinhalese, constituting about seventy percent of the population, is the majority community in Ceylon. The remaining minorities consist of Ceylon Tamils who arrived from India between the fourth and twelfth centuries, eleven percent; Indian Tamils who arrived in the nineteenth and twentieth centuries to work on the tea estates, twelve percent; Moors 1. Robert N. Kearney, Communalism and Language in the Politics of Ceylon (Durham, North Carolina: Duke University Press, 1967), p. 4. We rely heavily upon the evidence Kearney provides of Sinhalese politics. See also W. Howard Wriggins, Ceylon: Dilemmas of a New Nation (Princeton: Princeton University Press, 1960); Calvin A. -
12 Manogaran.Pdf
Ethnic Conflict and Reconciliation in Sri Lanka National Capilal District Boundarl3S * Province Boundaries Q 10 20 30 010;1)304050 Sri Lanka • Ethnic Conflict and Reconciliation in Sri Lanka CHELVADURAIMANOGARAN MW~1 UNIVERSITY OF HAWAII PRESS • HONOLULU - © 1987 University ofHawaii Press All Rights Reserved Manufactured in the United States ofAmerica Library ofCongress Cataloging-in-Publication-Data Manogaran, Chelvadurai, 1935- Ethnic conflict and reconciliation in Sri Lanka. Bibliography: p. Includes index. 1. Sri Lanka-Politics and government. 2. Sri Lanka -Ethnic relations. 3. Tamils-Sri Lanka-Politics and government. I. Title. DS489.8.M36 1987 954.9'303 87-16247 ISBN 0-8248-1116-X • The prosperity ofa nation does not descend from the sky. Nor does it emerge from its own accord from the earth. It depends upon the conduct ofthe people that constitute the nation. We must recognize that the country does not mean just the lifeless soil around us. The country consists ofa conglomeration ofpeople and it is what they make ofit. To rectify the world and put it on proper path, we have to first rec tify ourselves and our conduct.... At the present time, when we see all over the country confusion, fear and anxiety, each one in every home must con ., tribute his share ofcool, calm love to suppress the anger and fury. No governmental authority can sup press it as effectively and as quickly as you can by love and brotherliness. SATHYA SAl BABA - • Contents List ofTables IX List ofFigures Xl Preface X111 Introduction 1 CHAPTER I Sinhalese-Tamil -
Sri Lanka's Constitution of 1978 with Amendments Through 2015
PDF generated: 26 Aug 2021, 16:49 constituteproject.org Sri Lanka's Constitution of 1978 with Amendments through 2015 Subsequently amended This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:49 Table of contents Preamble . 11 CHAPTER I: THE PEOPLE, THE STATE AND SOVEREIGNTY . 11 1. The State . 11 2. Unitary State . 11 3. Sovereignty of the People . 12 4. Exercise of Sovereignty . 12 5. Territory of the Republic . 12 6. The National Flag . 12 7. The National Anthem . 13 8. The National Day . 13 CHAPTER II: BUDDHISM . 13 CHAPTER III: FUNDAMENTAL RIGHTS . 13 10. Freedom of thought, conscience and religion . 13 11. Freedom from torture . 13 12. Right to equality . 13 13. Freedom from arbitrary arrest, detention and punishment, and prohibition of retrospective penal legislation . 14 14. Freedom of speech, assembly, association, occupation, movement etc . 14 14A. Right of access to information . 15 15. Restrictions on fundamental rights . 16 16. Existing written law and unwritten law to continue in force . 16 17. Remedy for the infringement of fundamental rights by executive action . 17 CHAPTER IV: LANGUAGE . 17 18. Official Language . 17 19. National Languages . 17 20. Use of National Languages in Parliament, Provincial Councils and Local Authorities . 17 21. Medium of instruction . 17 22. Languages of Administration . 18 23. Language of Legislation . 19 24. Languages of the courts . 20 25. Provision for adequate facilities for use of languages provided for in this Chapter . 20 25A. Provision of any law inconsistent with this Chapter deemed to be repealed . -
Sri Lanka's Constitution of 1978 with Amendments Through 2010
PDF generated: 26 Aug 2021, 16:49 constituteproject.org Sri Lanka's Constitution of 1978 with Amendments through 2010 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:49 Table of contents Preamble . 10 CHAPTER I: THE PEOPLE, THE STATE AND SOVEREIGNTY . 10 1. The State . 10 2. Unitary State . 10 3. Sovereignty of the People . 11 4. Exercise of Sovereignty . 11 5. Territory of the Republic . 11 6. The National Flag . 11 7. The National Anthem . 12 8. The National Day . 12 CHAPTER II: BUDDHISM . 12 CHAPTER III: FUNDAMENTAL RIGHTS . 12 10. Freedom of thought, conscience and religion . 12 11. Freedom from torture . 12 12. Right to equality . 12 13. Freedom from arbitrary arrest, detention and punishment, and prohibition of retrospective penal legislation . 13 14. Freedom of speech, assembly, association, occupation, movement etc . 13 15. Restrictions on fundamental rights . 14 16. Existing written law and unwritten law to continue in force . 15 17. Remedy for the infringement of fundamental rights by executive action . 15 CHAPTER IV: LANGUAGE . 15 18. Official Language . 15 19. National Languages . 15 20. Use of National Languages in Parliament, Provincial Councils and Local Authorities . 16 21. Medium of instruction . 16 22. Languages of Administration . 16 23. Language of Legislation . 17 24. Languages of the courts . 18 25. Provision for adequate facilities for use of languages provided for in this Chapter . 19 25A. Provision of any law inconsistent with this Chapter deemed to be repealed . -
The Failure of Jennings' Constitutional Experiment In
! 3 The Failure of Jennings’ Constitutional Experiment in Ceylon: How ‘Procedural Entrenchment’ led to Constitutional Revolution g Asanga Welikala ! ! Introduction When the United Front (UF)1 won a landslide victory of over a two-thirds majority in Parliament in the general election of May 1970, 2 the stage was set for radical constitutional changes that would signify the end of an era and the beginning of another, or to put it more dramatically: the death of Ceylon and the birth of Sri Lanka. In its election manifesto, the UF had sought a mandate to repeal and replace the constitution under which independence had been granted (known as the Soulbury Constitution) with a republican constitution. The manifesto also indicated that such a sovereign and independent constitution would be drafted and enacted by a Constituent Assembly separate from Parliament, signifying an exercise of popular sovereignty, effecting a complete break with the colonial past. The UF manifesto sought a mandate for these constitutional changes in the following terms: “We seek your mandate to permit the Members of Parliament you elect to function simultaneously as a Constituent Assembly to draft, adopt, and operate a new Constitution. This Constitution will declare Ceylon to be a free, sovereign and independent Republic pledged to realise the objectives of a socialist democracy; and it will also secure fundamental rights and freedoms to all citizens.”3 1 A coalition comprising chiefly of the Sri Lanka Freedom Party (SLFP), and the two main Marxist parties, the Lanka Samasamaja Party (LSSP) and the Communist Party of Ceylon (Moscow Wing). 2 The UF won 115 of the 151 elected parliamentary seats of the last Parliament under the Soulbury Constitution at the general election of 27th May 1970. -
INTERPRETATION [Cap. 12
CHAPTER 12 INTERPRETATION Ordinances AN ORDINANCE FOR DEFINING THE MEANING OF CERTAIN TERMS AND FOR SHORTENING Nos. 21 of 1901 22 of 1912 THE LANGUAGE USED IN ENACTMENTS AND OTHER WRITTEN LAWS AND FOR 2 of 1913 OTHER PURPOSES. 8 of 1916 20 of 1924 8 of 1931 2 of 1947 Acts Nos. 5 of 1954. 17 of 1965. 29 of 1971. 18 of 1972. Law No. 29 of 1974. [3rd December, 1901. ] Short title. 1. This Ordinance may be cited as the " operation ". used with reference to Interpretation Ordinance. an enactment which is not to take effect immediately upon coming Interpretation. 2. In this Ordinance and in every written into force, shall me£.n the day on law. whether made before or after the which such enactment takes effect; commencement of this Ordinance, unless (f) "enactment" shall mean any there be something repugnant in the subject Ordinance, Law or Act enacted by or context- the Legislature of Ceylon or Sri (a) "abet" with its grammatical Lanka, as the case may be, and variations and cognate expressions, shall include - shall have the same meaning as in the Penal Code; (i) the Constitution of the Democratic Socialist (b) " Act'' or " Act of Parliament " shall Republic of Sri Lanka, mean an enactment of the 1978; Legislature of Ceylon or Sri Lanka. as the case may be, enacted on or (ii) any enactment having the after the 14th day of October, 1947, force of law in Sri Lanka other than a Law enacted by the and promulgated in the form National State Assembly; of a proclamation or regulation prior to the 1st (c) " Attorney-Genera! " shall mean the day of -
Decolonising Peacebuilding
Decolonising Peacebuilding “Chamindra’s work is a very important addition to the conversation and debates around the peace process, and politics more generally in the North of Ireland. Too often, we are given accounts of history that are stuck in the binary conversation of Unionism or Nationalism. It’s therefore very important to have discussions that approach politics from a totally different angle here. Having a Global South perspective in relation to discussing politics in Northern Ireland is extremely important and I would urge people to read this important book.” —Gerry Carroll, MLA Northern Ireland Assembly “This book is an invitation to a reading of ethnic conflict and the politics of peacebuilding in Northern Ireland and Sri Lanka ‘beyond’ our usually assumed positions. Irrespective of where one stands on these violent conflicts and their continued ramifications, this book carries insights of interest. The decolonial focus is very helpful in questioning long-held assumptions and approaches. This book is a must-read for both Western and non-Western politicians, diplomats and peace activists. It is also a highly advisable addition to Peace and Conflict Studies coursework worldwide.” —Rathika Sitsabaiesan MP for Scarborough-Rouge River, Canadian House of Commons (2011-2015) Decolonising Peacebuilding: Managing Conflict from Northern Ireland to Sri Lanka and Beyond By Chamindra Weerawardhana Decolonising Peacebuilding: Managing Conflict from Northern Ireland to Sri Lanka and Beyond By Chamindra Weerawardhana This book first published 2018 Cambridge Scholars Publishing Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2018 by Chamindra Weerawardhana All rights for this book reserved. -
Republican Constitutionalism and Sinhalese Buddhist Nationalism in Sri Lanka: Towards an Ontological Account of the Sri Lankan State
! 10 Republican Constitutionalism and Sinhalese Buddhist Nationalism in Sri Lanka: Towards an Ontological Account of the Sri Lankan State g Roshan De Silva Wijeyeratne ! ! “...history begins with a culture already there” – Marshall Sahlins, Culture and Practical Reason. “...human beings must create the social and political realities on which their existence depends” – Bruce Kapferer, The Feast of the Sorcerer. Introduction The defeat of the Liberation Tigers of Tamil Eelam (LTTE) in May 2009 by the Sri Lankan State and the subsequent unfolding of the Rajapaksas’ dynastic project has precipitated an extraordinary resurgence in Sinhalese (Buddhist) nationalism both within civil society and as an official State narrative in Sri Lanka.1 The Sri Lankan cum Sinhalese Buddhist State (hereafter ‘Sinhalese State’) that President Rajapaksa is fashioning draws on the symbolic capital proffered by the fetishised cultural forms of Sinhalese nationalism and has been highly successful in consolidating a monopoly on the means of force within the island, focusing on the military and existential encompassment of the Tamil people.2 There is thus little sign that the President or the government has any intention of pursuing a strategy of constitutional reform as signposted by liberal constitutionalists in Sri Lanka.3 The Parliamentary Select Committee proposed by the government (as a mechanism for proposing a formula for constitutional reform) will as with the previous All Party Representative Committee (APRC) initiated by President Rajapaksa end up in all likelihood being another diversion 1 While Mahinda Rajapaksa is the President, his brother Gotabhaya is the Secretary to the Ministry of Defence, while another brother Basil is a Cabinet Minister and finally Chamal is the Speaker of Parliament. -
Communal Conflict and the Formation of the Ceylon National Congress
COMMUNAL CONFLICT AND THE FORMATION OF THE CEYLON NATIONAL CONGRESS R. A. ARIYARATNE The first decade of the twentieth century saw a considerable increase in constitutional reform activities, putting fresh life into those organisations which had originated in the previous century like the Ceylon National Asso- ciation and the Chilaw Association, and seeing the emergence of a number of new ones. These reform societies fell broadly into three categories; communal, provincial and "open". But the line that separated an exclusively communal organisation like the Dutch Burgher Union from a provincial organisation like the Jaffna Association was extremely thin, for the latter was mainly though not exclusively confined to the Ceylon Tamils. This was perhaps inevitable in view of the overlapping of the island's territorial divisions with communal divisions. Consequently, the provincial organisations always carried with them the danger of degenerating inte full-fledged communal organisations in a moment of crisis. But in some areas like Chilaw where the English-educated section of the communities was less unevenly distributed, the provincial reform orga- nisations had a more heterogeneous outlook. The "open" reform societies, mainly the Ceylon National Association and the Ceylon Social Reform society, consisted of a cross-section of the multi-communal westernized elite. Reflecting the community of interest of the political elite and common ideologies which influenced them, the political programmes of these societies betrayed a marked similarity of objectives. As could be seen from the reform memoranda submitted to the Colonial Office in 1908 and 1909, while the widening of the Legislature by increased indigenous representation formed the central theme of their demands, all societies, open, communal and pro- vincial alike, were agreed on the desirability of abandoning communal repre- sentation.