I cannot for the life of me understand who,
advises the President of Sri Lanka! They must be moronic to the umpteenth degree,
as the President takes advice on matters of state and should NOT act in haste, out of spite, or as a
knee-jerk reaction. So anyone with a pea brain of sense would have foreseen the
current impasse with regard to the impeachment, and that it would lead to a stalemate.
Remember that we were just reminded, that the
Supreme Court can only interpret the law and the Constitution. They CANNOT make
law. In that respect Parliament is supreme and should be as it technically reflects
the will of the people, though in reality with regards to the two thirds that the
Govt. claims it has, is somewhat dubious due to the irregular manner in which democracy
has been manipulated.
It is therefore very simple to pass into Law
a Bill on the lines prescribed by the Supreme Court, of appointing a quasi judicial
court, along with clear rules on how the CJ or Judges of High Courts can be appointed
and fired. Of course in keeping with laws of natural justice this Act must be prescriptive
in terms of the minimum legal entitlements given to the defense, so that it is NOT
open to interpretation and then the CJ can be impeached in accordance with the law
of the land with the Supreme Court not being able to intercede, as the Constitution
is then no longer open to interpretation as the procedures are set out in LAW and
not by Standing Orders, which the Supreme Court judged as mere Parliamentary procedures.
This then will not bring about a dispute into
the presumption of Parliament being supreme, as it is always Supreme, in making
laws to govern the people. WHAT IS MORE SUPREME THAN THAT? There is no presumption
that the Judiciary is overruling the Parliament here. It is merely interpreting
the Law and the Constitution, which is its right. There is NO CONFLICT therefore
between the different arms of Government.
It is a ludicrous argument to say that Parliament
can pass standing orders which are NOT ACTS of Parliament, and say that they govern
these procedures. It is ONLY ACTS of Parliament that can be so. SO Just accept this
and go on and follow what I have already suggested in my blog post of December 23rd and get Parliament to
vote down the PSC recommendations, by abstaining if they so wish.
A new process can be then be set in motion,
firstly by an Act of Parliament to govern the procedures required to impeach a CJ.
Once enacted, they can resume their impeachment! I guess they have no patience for such an approach!!!!
1 comment:
indeed.
does SL have too many lawyers? it seems to me the society is too legalistic but it also seems to me that they're the only "professionals" that have remained in the country as all the others have bolted!
Post a Comment