Down With Sri Lankan President Sirisena's Diabolical Attempts to Establish a Dictatorship Violating in toto the Constitution (the Basic Law) of the Country
**********************************************************************************
From the Supreme Court Determination on the 19th Amendment to the Constitution:
It (Article 43 of the Constitution of Sri Lanka) establishes conclusively that the President is not the sole repository of Executive power under the Constitution. It is the the Cabinet of Ministers collectively and not President alone, which is charged with the direction and control of Government Further, this Cabinet is answerable to Parliament.
From the separate judgement of Justice Eva Wanasundara:
" The provisions of the Constitution amply indicate that there cannot be a government without a Cabinet.
The Cabinet continues to function even during the interregnum after Parliament is dissolved, until a new Parliament is summoned.To take any other view is to sanction the possibility of establishing a dictatorship in our country "
#######################################
How President Sirisena wilfully Violated the Constitution when he dissolved the Parliament
ARTICLE 33(1) of the Constitution of SRI LANKA
It shall be the duty of the President to
(a) ensure that the Constitution is respected and upheld
(h) to do all such acts and things, not inconsistent with the provisions of the Constitution or written law, as by international law, custom or usage the President is authorized or required to do.
33A. The President shall be responsible to Parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution and any written law including the law for the time being relating to public security.
54(17) Article 70 0f the Constitution is hereby amended by the repeal of paragraph(1) of that article, and the substitution therefore of the following paragraph.
(1) The president may by proclamation summon,prorogue and dissolve Parliament.
Provided that the President shall not dissolve Parliament until the expiration of a period of not less than four years and six months from the date for its first meeting, unless Parliament requests the President to do so by a resolution passed by not less than two thirds of the whole number of members (including those not present) voting in its favour.
*****************************************
American Supreme Court on the Executive power of the President
Constitutional provisions should be interpreted with the expectation that Congress will discharge its duties no less faithfully than the executive will attend to his.The Legislature is charged with the duty of making laws for orderly administration obligatory upon all. It possesses supreme power over national affairs and may wreck as well as speed them.It holds the purse;every branch of government functions under statutes which embody its will;it may impeach and expel all civil officers.. We have no such thing as three totally distinct and independent departments; the others must look to the legislative for direction and support." In republican government the legislative authority necessarily predominates." ..Perhaps the chief duty of the President is to carry into effect the will of the Congress through such instrumentalities as it has chosen to provide..
That the proceedings in the Constitutional Convention of 1787, the political history of the times, contemporaneous opinion, common canons of constrction, the action of Congress from the beginning and opinions of this court, all oppose the theory that by vesting "executive power" in the President the Constitution gave him an illimitable right to remove inferior officers.
(Myers v. United States 1926 - an extract from the majority opinion delivered by Chief Justice TAFT -Constitutional Law and Politics- Struggles for Power and Governmental Accontability -DAID M O'BRIAN -pp 352/53))
*****************************************
The President performs his full constitutional duty, if, with the means and instruments provided by Congress and within the limitations prescribed by it; he uses his best endeavours to secure the faithful execution of the laws enacted.
The doctrine of the separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmntal powers among three departments, to save the people from autocracy.
(an extract from dissenting opinion of Justice BRANDEIS- ibid- p.354 )
Comments
Post a Comment