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Bibliographical Notes Bibliographical Notes Articles Lalith Athulathmudali's, 'Towards a New Era in Sri Lanka', Ceylon Daily News, 4 February 1978, is a useful explication of the Constitution in terms of what his party, the U.N.P., hopes to accomplish under its various provisions; the author also explains the why and wherefore of the more important aspects of the Constitution. --,'The New Constitution' Ceylon Daily News, 2 August 1978, is a defense of the constitution from the point of view of his own party, the U.N.P. C. R. de Silva's 'The Constitution of the Second Democratic Socialist Republic of Sri Lanka 1978', The Journal of Commonwealth and Comparative Politics, Vol. XVII, No. 2 (july 1979) is a useful interpretation of the new structures. --, 'Three Constitutions of Independence', Socialist Nation, 1 February 1978, compares the 1972 constitution with the new Constitution and warns against the dangers of absolute power being concentrated in a President. --, 'Jayewardene Constitution', Ceylon Daily News, 4 February 1978, is a scathing criticism of the new Constitution's devaluation of Parliament and the exaltation of the presidency. --, 'No Democracy without Socialism: Not a Question of a Melancholy Heart's Desire', Socialist Nation, 14 June 1978, is a Marxist criticism of the attempt to draw up a constitution which seeks to promote economic development with private capital, local and foreign. --, 'Constitution for Dictatorship: Free and Fair Elections Unlikely Next Time', Socialist Nation, 5 July 1978, is a Marxist criticism of the Constitution, the aspects strongly attacked being the potentialities for dictatorship, the 'devaluation of Parliament' and 'the roadblocks imposed on the Left' under the system of pro­ portional representation. on Bibliographical Notes 159 K. M. de Silva, in 'Political and Constitutional Change in Sri Lanka', The Round Table (January 1979) provides a useful in­ terpretation of the new constitution with an analysis of the changing political situation. Ranjit Dheeraratne's 'Changes in Local Elections Law', Ceylon Daily News, 10 August 1978, seeks to explain the intricacies of the proportional representation system provided for under the new Constitution with reference to its applicability at local elections. J. R. Jayewardene's 'Science and Politics' in Selected Speeches (Colombo, 1974) is the equivalent of General de Gaulle's Bayeux speech on future constitutional changes. The speech was delivered in December 1966. Tressie Lei tan's 'The Role of the Ombudsman', The Sunday Observer, 13 August 1978, explains the functions of the ombudsman in Britain and the Scandinavian countries with a view to indicating that Sri Lanka might with profit follow their practices. James Manor's 'A New Political Order for Sri Lanka' in World Today (September 1979) is an interpretive survey covering most of the important aspects of the constitution. 'New Government, New Constitution', Review of the International Commission of Jurists, December 1978, makes a critical examination of those sections of the Constitution dealing with human rights and the independence of the judiciary. N. M. Perera, 'Second Amendment to the Constitution: Part 1', Ceylon Daily News, 4 October 1977, criticises the speed with which the changeover to a presidential government was introduced. --, 'The Second Amendment- Part II', Ceylon Daily News, 5 October 1977, criticises the change from cabinet-parliamentary government to an executive presidency. --, 'The Second Amendment- Part III', Ceylon Daily News, 6 October 1977, explains the difficulties a President will face when confronted with a hostile majority in Parliament, emphasising that U.S. precedents are not safe to go by. --, 'The Second Amendment- Part IV', Ceylon Daily News, 7 October 1977, criticises the diffusion of responsibility between President and Parliament and again warns about the dangers of following American practices. --, 'New Constitution Only as long as J.R.'s (J. R. Jayewardene's) Parliament: Every Imitation ofU .S.A. has ended in Dictatorship', Socialist Nation, 2 August 1978. --, 'Loose Thinking in J .R .'s Constitution: Only Lawyers will I6o The Gaullist System in Asia: The Constitution of Sri Lanka Benefit!'- Socialist Nation, 9 August, I 978. --,'Language Solution is 20 Years too Late' -Socialist Nation, I6 August I 978. --, 'U .N .P. Modifies its Past! Racial Discrimination and Emergency Rule were D.S.'s (D. S. Senanayake, the first U .N .P. Prime Minister, I 94 7-I 952) Policies'- Socialist Nation, 23 August I978· --, 'Principles of State Policy- A Cynical Approach to Politics!'- Socialist Nation, 30 August I 978. --,The President's Powers: Prime Minister mere Name Board'­ Socialist Nation, 6 September I978. --, 'The President is Not Responsible to Parliament'- Socialist Nation, I3 September I978. --, 'New Constitution has ldi Amin Approach to Democracy'­ Socialist Nation, 20 September I978. --, 'Limitations on the Legislature in the New Constitution'­ Socialist Nation, 28 September I978. --, 'What Purpose does a Referendum Serve?'- Socialist Nation, 4 October I978. Note: the ti ties of articles in the Socialist Nation by Dr N. M. Perera in a way sHmmarise their contents. R. Premadasa, 'The President and the Parliamentary System', Ceylon Daily News, 4 February I 978, is a straightforward explanation of the President's position vis-a-vis Parliament; it is also an attempt to justify the relationship in terms of Premadasa's own party, the U.N.P. Tilak Ratnakara, 'Framework for Development', Ceylon Daily News, 7 September I 978, interprets the various sections of the Constitution which he indicates have been designed to promote socio-economic growth. Jane Russell's 'Sri Lanka's Election Turning-point' in The Journal of Commonwealth and Comparative Politics, Vol. XVI, No. I (March I978) places emphasis on the benefits that will accrue to the Tamil minority under the new Constitution and expatiates on the consensus building that the changes seek to effect. L. M. Samarasinghe's 'The Need for an Ombudsman', Ceylon Daily News, 2 I March I 978, draws on examples from other countries and explains the necessity for an ombudsman for Sri Lanka. S. N. Seneviratne's 'Constitutional Changes since Independence', Ceylon Daily News, 4 February I 978, is a historical narrative with a description of the principal features in each of the three con- Bibliographical Notes of stitutions that Sri Lanka has had since independence. Neelan Tiruchelvam's 'Mr. President: Some Thoughts on the Accountability of the Executive President', The Sunday Observer, 22 January 1978, is a legalistic interpretation of the accountability of the presidency under the new Constitution. --, 'The Executive Presidency', Ceylon Daily News, 18 October 1977, examines the more important ramifications of presidential government. --, 'Constitution Making' in Lanka Guardian, Vol. 1, No. 11 (October 1978) deals with the two approaches to constitution framing- instrumental and consensual-and argues that the new Constitution should be changed in various ways so as to command a wider acceptance. Paul Wallace's section on Sri Lanka in 'Centralisation and Depoliticisation in South Asia', The Journal of Commonwealth and Comparative Politics, Vol. XVI, No. 1 (March 1978) is not sanguine about the constitutional changes, insisting that the new Constitution 'provides no formula for reconciliation between Sinhalese and Tamils' and adding that it does not indicate 'how basic problems revolving around the youthful, educated un­ employed are to be addressed'. A. Jeyaratnam Wilson's 'Presidential Government', Ceylon Daily News, 20 March 1978, is a theoretical approach to the problems of the Presidency. --, 'Focus on the New Constitution', The Sunday Observer, 10 September 1978, which appears as Appendix II in this book under a different title, emphasises, among other things, the problematic areas in the new Constitution. Books J. A. L. Cooray, Constitutional and Administrative Law in Sri Lanka (Colombo, 1973) must be studied because sections of the con­ stitution of the First Republic are reproduced in the Constitution of the Second Republic; the book is a first rate legal interpretation of the constitution of the First Republic. --, Constitutional Government and Human Rights in a Developing Society (Colombo, 1969) is essential reading because the author was the senior constitutional advisor to the U.N.P. government of J. R. Jayewardene and many of the ideas expressed in Chapter II ('Human Rights and their Protection in Ceylon') and Chapter III 162 The Gaullist System in Asia: The Constitution of Sri Lanka ('An ombudsman for Ceylon') were incorporated into the Constitution of the Second Republic. Cooray is a liberal democrat in the best sense of that term. Jamesjupp, Sri Lanka: Third World Democracy (London, 1978) has useful background material for an understanding of the changes effected in 1977-78. The Peoples' Rights: Documents of the Civil Rights Movement of Sri Lanka (Colombo, 1979) deals with human rights issues from 1971 to 1978 inclusive of the 1977 general election, the Constitution of the Second Republic (1978), women's rights, the independence of the judiciary, civic disabilities, academic.freedom etc. etc. A. Jeyaratnam Wilson, Politics in Sri Lanka, 1947-1979 (London, 1979) contains an analysis of the new structures in Chapter 5 and provides interpretive information on socio-political and economic developments in the island since independence. Goveru~nent Publications Parliamentary Series No. 14 of The Second National State Assemb[y (Colombo, 1978) contains information on evidence led before the Select Committee on the Revision of the Constitution, dissenting opinions submitted by the S.L.F.P. and the C.W.C. and the record of the minutes of meetings of the Select Committee. Special Issues of Journals 1979/8o K. M. de Silva, (editor) The Ceylon Journal of Historical and Social Studies, has a number of articles by Sri Lankan academics on various aspects of the Constitution. W. A. Wiswa Warnapala has edited a special nmpber of Asian Survey in which Sri Lankan academics have dealt with the Constitution and the socio-political situation. Appendix I THE LEADING ACTORS THE LIVING U.N.P.
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