By Dayan Jayatilleka –
Dr. Dayan Jayatilleka
“Sovereign is he who decides on the exception”– Carl Schmitt
The proposed changes to the Constitution entitled ‘Discussion Paper on Constitutional Reforms’ have both good and bad aspects, of which the bad clearly outweigh the good, since they are on matters of grave strategic national importance.
What is good in the draft proposals are the changes pertaining to
- The Independent Commissions
- The Office of the Auditor General
- Guarantee of the Right to Information
It is ironic that some members of the present government enthusiastically supported the scrapping of the very decent 17th amendment and the introduction of the 18th. No matter.
Of grave concern are matters relating to fundamental questions of power and power relations. These are to do with the basic architecture of the state and will if implemented, change the workings of Sri Lanka’s political system in the most dramatic and negative manner.
It is difficult to identify the sense in which the Presidency remains an executive Presidency under the Draft proposals; it is difficult to see in which precise sense the Presidency wields executive power, when it has to act always and only ( with a single exception) on the advice of the Prime Minister. It is difficult to see in which sense the ‘reformed’ Presidency will not be a largely ceremonial or nominal one. It is almost impossible not to notice that the executive Presidency would have been pretty much abolished, though it will be by a process of mummification.
- A Sovereign Prime Minister
If these proposals are implemented the final authority in Sri Lanka will become the Prime Minister, not the President who is elected by the people of the country as a whole. I say this because the President will not even have discretionary power and will have to act only on the advice of the Prime Minister. Even a Minister designated by the Prime Minister, will have more power than the President because the President shall have to “always” act on the advice of either the Prime minister or a Minister designated by him (except in the matter of the appointment of the PM). The draft says that “The President shall always, except in the case of the appointment of the Prime Minister or as otherwise required by the Constitution, act on the advice of the Prime Minister or of such other Minister as has been authorized by the Prime Minister.” I emphasize the term “shall always” which imposes upon the President the imperative to act only on the advice of the PM or the latter’s proxy. Therefore the elected President will have no autonomy, still less be the agency of sovereignty.
If the President must “always” act only on the advice of the Prime Minister, then the Prime Minister has veto power over Presidential decisions. As the UN Security Council shows, those who wield a veto are the most powerful in the system. The Prime Minister is, in effect, placed above the President and wields more power than the President. A blow is struck at the very basis of the franchise because the President is elected by the people as a whole and any mandatory truncation or restriction on him, which moreover empowers the Prime Minister with greater and higher decision making authority, subverts the franchise and the sovereignty of the people. This is a traducing of the entrenched clauses of the Constitution and must, arguably be submitted for a nationwide referendum.
- Ministry of Defence
The ‘hard drive’ the very core of state power is the Ministry of Defence. In the post-Independence Constitutions of Ceylon/Sri Lanka, the most important single post, be it that of Prime Minister or that of President came with the portfolio of Defense. Thus Prime Minister Sirimavo Bandaranaike was also Minister of Defense and External Affairs, just as in the 1978 Constitution, the President was mandatorily the Minister of Defence.
In the draft proposals presented by– or to– President Sirisena, the President does not mandatorily hold the portfolio of Defense, with the sole (provisional) exception being the present President. As is well known, in most countries with an elected President, it is the President who is the Minister of Defense and this is not limited to any one President.
It is different in the US because the Cabinet is not drawn from the legislature, which is to say that no other practicing politician with an electoral /legislative base is given the Secretaryship of Defense. If in Sri Lanka, the post of Minister of Defense is vested in a political figure other than the elected President, he/she will easily rival the President as a center of power.
- Presidential Prerogatives
Things get worse as we move along. According to the draft proposals the President cannot act except in choosing the Prime Minister, other than on the advice of the Prime Minister or a Minister designated by the Prime Minister. “The President shall always, except in the case of the appointment of the Prime Minister or as otherwise required by the Constitution, act on the advice of the Prime Minister or of such other Minister as has been authorized by the Prime Minister.” Thus the President is rendered a prisoner of the Prime Minister.
- Prime Minister as Head of Government
The draft proposals mention that the Prime Minister is the Head of Government. This is a sharp departure not only from the Second Republican Constitution of Sri Lanka but also from elected Presidencies the world over, in which the President is both Head of State and Head of Government.
By removing the post of Head of Government from the elected president, the Draft proposals devalue the franchise of the people and popular sovereignty, because the function and role of Head of Government is removed from the post which rests on the majority vote of the country taken as a single unit and vests it instead in the office occupied by one who is elected from a far more restricted, narrower and far less representative geographic base.
- Presidential Immunity Provisions
The Draft says “Presidential immunity does not extend to acts or omissions of the President in his official capacity.” If so, what does Presidential immunity extend to? Acts of the president in his or her private capacity? Surely not.
The removal of Presidential immunity for acts committed in the official capacity as President means that any future holder of the office will be very hesitant indeed before he or she goes to war in defense of the state and the citizenry, because any act committed by any officer or soldier can ultimately be laid at the door of the President under the doctrine of command responsibility, and devoid of presidential immunity, he/she can be subject to prosecution. What this does is to pre-emptively paralyze a President in his/her duties to the country in matters of existential danger.
- Removal of the President
The castration of the President continues with yet another proposal, namely that “The President may be removed by passing a no-confidence motion with a 2/3 majority. Present impeachment provisions will be deleted.”
Thus it will take only a sufficient amount of funds from the Diaspora separatists to put together a two thirds majority for the ouster of a patriotic President elected by the people. The rather more rigid stipulations of the impeachment process were far more of a safeguard of popular and national sovereignty.
If it takes an impeachment process to remove the Chief Justice of the Supreme Court, by what conceivable logic would it be correct to have a far less rigorous process and procedure to remove the elected President?
- Appointment of Deputy Prime Minister
“The President may also appoint a Deputy Prime Minister on the advice of the Prime Minister.” Not even the choice of Deputy Prime Minister remains a prerogative of the President. Here too he has to act on the advice on Prime Minister. Thus even if an SLFPer is to be appointed Deputy PM, the present leader of the SLFP, President Sirisena, will have to do so on the advice of the Prime Minister. i.e. the leader of the UNP, Mr. Ranil Wickremesinghe.
- Council of State
The Presidency and indeed the parliament are sought to be further diminished by the appointment of an unelected Council of State, nominated by the Prime Minister and the Leader of the opposition. “The functions of the Council shall be to make recommendations to the President and the Cabinet of Ministers on the implementation of matters contained in the Statement of Government Policy, the adherence to the principles of good governance by all organs of government, Bills immediately upon their publication in the Gazette, proposals for legislation as may be referred by the Cabinet of Ministers and matters of public importance referred to it by the President.”
This will be appointed jointly by the Prime Minister and the Leader of the Opposition with the approval of the Constitutional Council and Chief Ministers. 20 seats shall be apportioned amongst the recognized political parties and “independent groups”. Who decides which groups are independent? Insofar as the Chief Ministers are members of the Council of State and the said Council has a major input into policy and the policy process, the Chief Ministers are placed on a level above the President himself.
Thus state policy is sought to be outsourced to unelected persons or such persons are sought to be made stakeholders of policy in a Politbureau type arrangement that stands above and behind the elected President. This further erodes the power of the franchise and the absolute sovereignty of the people.
- Constitutional Council and Independent Commissions
The appointments to these are to be made jointly by the Prime Minister and the Leader of the Opposition. What happens in the case of disagreement between PM and Leader of Opposition in the matter of the Constitutional council? What happens in the case of a deadlock between the nominees of the PM and the Leader of the Opposition? Who has the final say on this? It is not stipulated that it is the President.
Conclusion
The Draft Proposals for Constitutional reform are vampiric in character. By draining the life-blood of and disempowering the elected executive President, the proposed Constitutional changes terminally weaken that which the external hegemonic powers and the pro-Western and ethnic sectarian elites find most dangerous, namely popular sovereignty. Instead of an empowered executive President elected from among the whole people, the most powerful post will be that of the Prime Minister elected almost certainly, from cosmopolitan Colombo.
In the end, the rural heartland of Sri Lanka would have provided the soldiers and the dead in the protracted struggle to liberate the country from Tiger fascism and reunify it, while Colombo would have provided the appeasers and vacillators–and regained real power. A recent photograph of the Prime Minister showed his ponytailed erstwhile Media secretary in the background. It was the same gentleman I recall from another photograph years ago as seated as then Prime Minister Wickremesinghe’s representative in the front row of a Pongu Tamil demonstration during the CFA, at which the demonstrators scaled and destroyed the mock-up of the Jaffna High Security Zone. Ranil Wickremesinghe for one has certainly succeeded in ‘Regaining Sri Lanka’.
The way the Constitutional changes work is to set up a new loop and circuit of power: the President cannot act except on the advice of the Prime Minister, and must always act on the latter’s advice. Ranil Wickremesinghe will emerge as Prime Minister after the election. The SLFP will be in Opposition and will be controlled by President Sirisena who is in turn controlled by the constitutionally reinforced Prime Minister and his ally, ex-President Chandrika Bandaranaike Kumaratunga (who sees herself as Buffy the Vampire Slayer). That will be the new power bloc. Any reader of Leonard Woolf’s classic, ‘Village in the Jungle’ known how British colonialism worked through the system of the Ratey Mahattaya and the Village Headman and what kind of characters they usually were. If the Constitutional changes proposed in the draft document go through, Sri Lanka shall return to an approximation of those dark days. The West will control Sri Lanka through the empowered Ranil Wickremesinghe, who will effectively control the disempowered President Sirisena, who will control the SLFP in opposition and will act as a native mask and screen for external control.
Leelawathie / February 9, 2015
These are just revengeful acts of DJ. He cant see Ranil has become PM. Even if the masses would go against Rajapakses this man et al would not just because the man bears genes express for malice. This man s gone mad exceeding all ethics and morals just not being able to get posted to a destinatíon as dreamt in case MR won the election as the bugger et all predicted.
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Thiru / February 10, 2015
Leelawathie,
Basically he has gone off the rockers because his predictions went wrong. To be wrong hurts one’s ego more than losing a million dollars.
He couldn’t care less for the white van atrocities, disappearances of journalists, and the deep state under Mahinda’s regime but still supports him.
Mahinda appears to be his soul brother sharing similar thinking and emotions. He denied genocide of Tamils in Geneva just like Mahinda saying no such thing happened.
DJ may the best as the propaganda chief for Maninda in the forthcoming parliamentary election.
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Rarityminds / February 10, 2015
Can you imagine – even if a top level journalist would take hours of time to summarise their thoughts – but last two articles posted by DJ was not even few hours from each other. That means, no doubt, this man DJ has been living in a house arrest to this day – he is made naked when looking at his higher predictions set towards the RE ELECTION OF MAHINDA – while MS-RW would have further been marginalized… he thought. Now as if a Schizoprenic patient would not see it beyond – DJ to be married with his but being isolated from MAHINDA circles is the ground reality – we dont need AAstrologers to see his future. This is the real end of DJ really. please study his current one – endless attacks to RW and his functions in the newly set regime – just the day Prez himself notices that the current admnisitration has sofar been human faced…… it is the cultured way, may be RW feel if he would set everything against MR, things would disappear within few days – and he tends to achieve them to a civilized manner – under the umbrealla of YAHAPALANYA.
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VR / February 9, 2015
DJ
President contested the election with the promise to Abolish the executive presidency and implement the Parliament democracy . Why on the earth you are having seizures now ? MS was voted to power to abolish the presidency ( over 50% of eligible Srilankans voted for this)
It is well known to every Srilankan except those were in power in the past ( including CBK) that the current all powerful executive president from the JRJ time has brought all the ills. Why then having hiccups with the new proposals ?
quote from old writing ( Unless we have a balance of power, we have no democracy which we have not seen in a decade and had re-birth in Jan 2015):
It is the “Power” and holding on to power and greed for the power that derailed our quality of life. When Theocracy mixed with Democracy it becomes Hypocrisy. When Hypocrisy mixed with Fascism and takes the Power, it becomes Autocracy. Under these circumstances Democracy becomes mere text book term and looses it valve.
Stop preaching with DUMP messages to the informed readers in the 21st century.
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Jim softy / February 10, 2015
Even though president appoints new commissions, even that is not all president’s work as every appointment is subjected to challenge in the court.
No of different mimnister posts amount to the mega cabinet of Mahinda Rajapakse.
Minimum thiry becomes almost 100 ministers within the parliament alone.
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thilaka / February 10, 2015
Usual garbage from Dayan. [Edited out].Such a bloodthirsty chauvinist who promotes racism and confusion among general public to reinstate his paymasters in power.
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Village Green Guy / February 10, 2015
Dayan has meticulously unraveled the pitfalls of the proposed constitutional changes. Although I have not found his pontifications very useful in the past, he has given much thought to the troubles we can get into by introducing major changes without a referendum.
Perhaps, the idea of the architects of these changes is to have an unelected president chosen by the legislature after the expiry of the term of the new president. This needs clarification.
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Mallaiyuran / February 10, 2015
It is worthless for Tamils to discuss this changes because there is nothing for them. All what the 90 days election did was blasted off the UNHRC’s investigation. One the 2/3 majority is gone after the election, the architect of this problem, the TNA, can feel related and tell the Tamils”That is it”.
But I like to comment on Dayan the “Guru who can not catch the hen on the roof, doing a big gnaya to send others for Vaikundam” that is high in the sky.
The removal of Presidential immunity for acts committed in the official capacity as President means that any future holder of the office will be very hesitant indeed before he or she goes to war in defense of the state and the citizenry, because any act committed by any officer or soldier can ultimately be laid at the door of the President under the doctrine of command responsibility, and devoid of presidential immunity, he/she can be subject to prosecution. What this does is to pre-emptively paralyze a President in his/her duties to the country in matters of existential danger.
This poor sole has such a bad misunderstanding of basic law principle of “Command Responsibility” is preaching about the more complex law aspects of constitutionality. Basically there are always prescribes and perceived authority in commanding positions. Anybody violates that and command will be responsible personally for the mistakes. They may face, at the Army General, President or prime minister level commanding positions, the serious allegations like war crime. An individual soldier who violates the proper command order and miscarriage the duty will face criminal charges.
In his sneaky explanation, he look like an absolute idiot. He thinks this kind of explanations going to work even beyond 2009 May. But what ever the Dayan’s explanation of “Command Responsibility” will not honer the Old King at UN if there is an investigation. In other words, Dayan should stop foolishly implying that under current constitution, the Old King an authority to wipe out 150,000 Tamils Pariahas while they were begging for months for food and water, or even to go for nature duty without fear, and the new proposal is going to remove it.
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Kumar R. / February 10, 2015
dayan,
After Weliweraya, you called MR an impotent Executive President,subordinating to and dominated by Defense secretary. Remember that? Would you say that would be better than Prime Minister dominating the Presidency?
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Native Vedda / February 10, 2015
Dev
“The castration of the President continues with yet another proposal, namely that “The President may be removed by passing a no-confidence motion with a 2/3 majority. Present impeachment provisions will be deleted.”
Thus it will take only a sufficient amount of funds from the Diaspora separatists to put together a two thirds majority for the ouster of a patriotic President elected by the people. The rather more rigid stipulations of the impeachment process were far more of a safeguard of popular and national sovereignty.”
Tell me Does diaspora has the cash to buy 150 Members of parliament, given that most of them are Sinhala speaking majoritarians.
If the MPs could be tempted with some foreign fund it could be done by anyone who has the funds, intention and the interest could invest in ventures.
In order to stop Casino Kings, Russian Mafia, Italian Mafia, American Mafia, South American Mafia, Oligarch, Chinese Triad, buying the two third MPs ………….. Basil could buy all 150 of them.
Dev
Whose fault is that?
I rather abolish the parliament, presidency, dismantle judiciary, …….. hand over the entire country to the crooked clan so that the clan keeps the Separatist diaspora at bay while the island is being robbed and I can go to sleep peacefully in the knowledge that our patriotic president will protect us from Separatism.
What a clever idea. If you think about it, This is a cunning idea.
Why is it that you always leave all the thinking part to Dayan?
You should be ashamed of yourself.
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Dev / February 10, 2015
LOL He loves to write doesn’t he :)
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valluvanv / February 10, 2015
He is MAD, BAD or SAD!
MAD – Any least informed Sri Lankan citizen would have better knowledge and critical thinking than this writer
BAD – Trying to create the paranoia among the majority to produce an electoral victory for the thugs!
SAD- Unable to bear the loss of medieval style rulers to whom he could be the political guide!
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manisekaran / February 10, 2015
(:-)
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BBS Rep / February 10, 2015
DJ,
You are the least qualified to write about political power and checks and balances.
You upheld the status of your former hero Rajapaksa on who all power was conferred and concentrated. You endorsed dictatorial powers and kleptrocracy at every occasion and now you are tying to talk about what is good about independent commissions etc.
Have you genuinely reformed. If so it is good. But if you are trying to pole vault then it is pathetic.
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Siriyalatha / February 10, 2015
Can you please make a distinction to Wimal Buruwanse and Dayan Jayathilaka ? Both work die hard to bring the ex-Dictator back to the stage. Ironically Wimal Buruwanse’s education and the background is said to be akin to that of former shanty dweller – not offending those live in shanties. But some of Wimal Buruwansa the like are born with hatred – all because of the gap between the upper and lower class of the society. As if a dog would be scared by a little loud, Wimal Burwanse’s arguments contain only about conspiracy theories coming from western powerful govts.
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Burning Issue / February 10, 2015
No one should take notice of his scaremongering! This man accepted the French Ambassadarial post accepting the destructive 18th A. He now states that he criticised the 18th A; only evidences exist that he made token passing comments. This man is extremely dangerous and unscrupulous like MR; birds of same feathers flock together!
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Justice / February 10, 2015
Any president will wage war against any external enemy endorsed by parliament, according to Rules of War – many are ongoing.
Appointments by a group is always by discussion and consensus & need not necessarily be impossible.
Presidents can be removed by impeachment, Premadasa was nearly removed thus.
“Diasporic separatists” purchasing two-thirds of MPs for cash is DJ’s imagination going berserk.
A council of state is a group of advisers selected on merit – not the 200 ‘presidential advisers’ of MR, mostly unsuited & selected as political rewards to them.
“Acting on the advice of the prime minister” does not literally mean just that; it actually means that joint decisions should be taken.
This means that any decision would carry greater weight in/for implementation.
A ‘council of state’, by endorsing any joint proposals between the president and PM actually strengthens governance.
The ‘heartland’ did not provide soldiers – poor families did, as a means of employment, the only kind which provides food, clothing, shelter and extras so that the salaries are entire savings, plus pension – for otherwise unemployable young men & women.
DJ picking holes in the new proposals for governance is the action of a desperate man thrown out by both sides of the political divide.
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Photo Catcher / February 10, 2015
Bring Mahinda Rajapaksa back to power ASAP !!
He will clear the mess we are in now. He doesn’t need Dayan’s advice. His anti imperialist credentials are superior to anyone in Sri Lanka. All Sri lankans must get togther and take Sri Lanka back to China who has helped us so much and leading the anti West campaign internationally.
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Jango / February 10, 2015
P Catcher – you say, “Bring Mahinda Rajapaksa back to power ASAP !! He will clear the mess we are in now.”
Oh yeah? But “the mess we are now in” is what he created. So what the hell are you talking about?
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Simon / February 10, 2015
This way the president cannot appoint poor DJ into a diplomatic post.
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JANAHITHA / February 10, 2015
There is a very strong possibility that MaithreePala sirisena/ Ranil wickramasinghe administration going to consider Dayan jayathilake for a adviser position or to appoint as a higher commissioner to a western country.
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The last Dinosaur / February 10, 2015
I beg the government to give DJ some diplomatic post and send him to west Africa,Otherwise he will be writing at least two articles per day.
What DJ needs from the People of Sri Lanka is some kind of attention for his eloquence in English.
This is quite natural, not a mental disorder.
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dcn / February 10, 2015
Stupid DJ again trying his stirring up. What was promised in the manifesto is now being drafted into law. What is wrong?
You cannot gulp the idea that Ranil will be a powerful Prime Minuster.
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Ambedkhar Reborn / February 10, 2015
DJ is not worried about the country. As a smart patriot he wants both Ranil and Chandrika demolished at any cost. DJ is stirring up things.
It is going to be hard to convince the Srilankan Voters to elect M R to power. The Southern Voters after Jan 8th, have become much more smarter than DJ.
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roshan / February 10, 2015
This DJ is a rubbish and currently unemployed and killing time by writing all these stupid articles. It is better for him to stay away from writing and start meditating, a bootligger of mara MR.
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Don Quixote / February 10, 2015
IF YOU WANT TO STOP THIS GUY WRITING GARBAGE STOP RESPONDING.
LET’S SEE IF WE STOP WITH THIS ONE AND HAVE ABSOLUTELY NO RESPONSES TO HIS NEXT ONE.
OTHERWISE HE OBVIOUSLY PROVIDES SOME FORM OF ENTERTAINMENT TO ALL OF YOU AND THRIVES ON IT.
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Simon / February 10, 2015
No we dont want to stop this guy.He does the gome work for us.Every time he whines we know good things are happening.He is whinning about the president being unable to shoot civilians(on behalf of sinhala budhist).He is whinning about it.
So when he whines – we rejoice.
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Ambedkhar Reborn / February 10, 2015
DJ , is in vibration or unison with Sumanadasa Abeygunawardne ‘ s predictions. MR ‘s stars are so powerful and extra celestial forces will bring back MR as PM. ON Suman ‘ s advise he has done Pool a at Karana gana , done Special Prayers at Maha Bodhi, Visited Thirupathi temple located in Andra Predesh in South India and so on.
Based on the position of Saturn , three to 4 months after 8thJan was a temporary set back for MR and his brothers. VASUDEVA ‘s crystal ball tells that MR is going to be the executive PM, BR is going to come back from US and he or GR is going to be the ceremonial President . For another 20 years it will be Raj ah pak dynasty. DJ will be one of the advisors apart from Sumanadasa on tenure for 20 years.
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D .Nimal / February 10, 2015
UNP-Ranil.W..CBK and MS thought that real problem of Second Republic constitution inaugurated by JR-UNP 1978.For too long Sri lanka’s present ruling class and its government had not change Constitunital changes and by that Rules of the GAME, whenever it suited to them.
Now their are going work on new methodology, suited Globalization governances to surrender national sovereignty, by the constitution amended between national democracy and neo-liberal political that building democratic legitimacy at home.
There is important factor is here that moving globalized democracy that name ‘good governances’ and rule of law by UNP led constitutional changes.
Is that too long Sri Lankan ruling class and government discretion had been result in a complete lost of national policies by the vested interest of Western & Indian policies makers. ONE answer to these question is that, national government of Sri lanka will exist?
We have live in the world whose governance had been radically shifted by US UK AND INDIAN ,but that totally stop with all domestic initiative policy makes politics. Ours proposed constitutional changes that surround the decline of nation sovereignty of Republic Constitutional mandate.
The crudest form of such changes of Republic constitution give inevasible hand by UNP CBK AND MS forwarded delegating of national powers to Internationals separatist forces run by exile governances of foreign base Diasporas..
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chatura / February 10, 2015
“West will Control Sri Lanka Through Ranil who will control Sirisena who will control SLFP” is the title of the last verbiage of this man on DBS jayaraj’s web site.
I ‘d rather say that Mr DJ, your brain commands your mouth that command your words that shapes your actions which forged your caracter which is nothing but good for a pariah!
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premawathi james / February 10, 2015
Well Done Dr Dayan Jayatilleka!!
Sri Lanka is in effect about to become a farce through this proposed constitutional changes.
There are sodomy laws in place in all former British colonial states still in existence it seems…
That would be the answer to dealing with pony tailed PAs?? Possibly!!
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Get a life DJ / February 10, 2015
MS’s manifesto contains the constitutional reforms that are currently being proposed including the appointment of RW as PM, and 6.2Mn voters endorsed this. DJ cannot comprehend this simple fact,and he continues to preach/write against this.For a so called political scientist DJ certainly has an issue comprehending that 6.2MN is greater in number than 5.7Mn.
The frequency with which DJ writes these days suggests he has not come to terms with the defeat of his Master.The fact of the matter is DJ will not be critisizing any of the reforms had MR been at the helm.
On a different note,He refused to blame MR for the Weliweraya killings,the rise of BBS and aluthgama riots instead holding GOTA responsible,which proves one of two things.MR is a weak leader (despite the executive powers) who cannot control his brother or has knowingly and willingly allowed GOTA to hijack the Govt.DJ also criticises the foreign policy of MR’s govt but falls short of blaming MR and instead claims he is being influenced by unqualified people.Again this can only mean that MR is not a shrewd/intelligent leader,hence can be easily influenced/controlled or is a willing participant/supporter of the process.Either way one looks at it,MR is a weak and/or destructive leader.As such why does DJ have a problem with a presidency with reduced powers only NOW????
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Choose your Boss / February 10, 2015
“The President shall always, except in the case of the appointment of the Prime Minister or as otherwise required by the Constitution, act on the advice of the Prime Minister”
President has to listen to prime minister? And President has to appoint prime minister?
Would you choose your own boss? I will let readers comment on the intelligence of this decision.
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Leon Isaac / February 10, 2015
This guy can’t breathe without loving MR like a pig loves the mud and hating RW and CBK. If he can get over that emotional hatred, and blind love he might say something of value. Right now it’s verbiage at the higest level, more like recycled grass that has passed through the anatomy of a bull.
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padmakumara / February 10, 2015
He may be the world’s greatest political scientist (self-acclaimed) but he has no clue about what an electoral mandate means.
Hey fruitcake, Mr DJ, the people voted for abolition of the presidency. Kapeesh? That was in maithripala’s manifesto.
Say it with me: electoral mandate for abolition. Thats what the 51% means.
And let’s get to the heart of the matter shall we? Dayan is dying over the fact that Ranil W who will never give him the time of day, is prime minister. Its keeping him up at night, along with the sadness that his pet monster mahinda rajapaksa had to pack his bags. As long as Ranil is in office, Dayan stays on the fringe so he will oppose and oppose and regale us with the reasons for his opposition as long as the status quo remains.
Two interesting facts to note. Firstly that it has become dayan’s idiotic argument that Ranil is an “unelected” PM. This is not strictly true. The day maithripala announced his candidacy on 22 november he also announced ranil wickremesinghe would be his PM. That is the first promise he made to the voters. Voters voted him into office in full knowledge of this fact. It was repeated over and over again,even by dayan’s own political masters. It is because this government has no electoral base that it is called an interim govt and also why there will be a parliamentary election in two months when it becomes anybody’s game. Yet Dayan has already concluded Ranil will win this next election, inadvertently admitting that the PM is already coming across to the electorate as capable and efficient?
Secondly Which constituency elects the next PM is then no longer Dayan’s problem. Parliamentary elections are held all over the world under the same provisions. No PM will ever wield as much power as an EP and will furthermore always be removable by parliament. So for heaven’s sake quit the fearmongering. You are just a whiny baby who isnt able to get your share of the pie. Your efforts are transparent and make you look pathetic.
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Kumar R. / February 11, 2015
What share of the pie?! Dayan, you are not even invited to the party!!
As Mahinda broadcast via Aljazeera, [Edited out] pays only so long as the going is good!
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Sharanga / February 10, 2015
Giving the Prime Minister veto power over everything the President does seems really dangerous, and should be the case in a country with an elected President. Also the Defence Ministry should be kept under the President. Giving it away would definitely weaken the state.
Not allowing the President to dissolve the parliament during the first 4.5 years is I think a good idea. The parliament shouldn’t be subordinate to the President. Removing the impeachment process makes sense. With the kind of influence the President has, it’s really difficult to actually impeach a President for any reason. I like a strong state, but I don’t want a monarchy.
*
Some of these comments are really unfair, made by Maithri supporters who are mad at DJ for supporting MR (though I too think he should have instead supported Maithri), and secessionists who want to weaken the Sri Lankan state. The second group knows that he sometimes makes a good point, and the other group thinks that he never makes a good point.
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Sylvester / February 10, 2015
Dayan is gone mad with the debacle of MR. Both Dayan and his uncle Neville de Silva got DPL appointments thanks to recommendations by third grade professor Peiris. Now Neville de Siva is criticising Chris Nonis where ever he goes saying that Chris Nonis didn’t allow him to work. But the truth is Neville de Silva [Edited out] and spent most of the time at home getting paid for nothing. They have deprived career diplomats of their rightful places. It is said that all the people Peiris had recommended to MR has eventually proved useless. Neville and his nephew Dayan are classic examples. [Edited out]
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Ranil Wijeyesekera / February 10, 2015
A prime minister failing to get fifty percent when facing a no confidence motion will probably have to resign. A prime minister failing to obtain sufficient votes of his party or majority of his partner parties including his party nay have to resign. There should be checks on the prime ministers assets and of his relations. Allegations on corruption and increase of assets even before he comes into power should be perused by a select committee of parliament. This could apply to MR or RW. Checks and balances to a executive prime minister are necessary. However trumped up charges by the military to take power should be prevented.
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