22 October, 2021

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The 19th Amendment Is Not An Alternative Constitution: Presidency, Parliament, Judiciary & The Spirit Of The Constitution

By Dayan Jayatilleka – 

Dr. Dayan Jayatilleka

“…The General [de Gaulle] devised a strong executive presidency in 1958, and introduced direct elections to it four years later, precisely in order to remove power from the hands of political parties and bring stability to French institutions…the original source of French presidential legitimacy: the direct mandate of the people, introduced by de Gaulle.” ~ Biography of Charles de Gaulle, The Economist (2018/07/26)

What is at stake in the battles in the courts is whether or not the Constitution has been up-ended by the 19th amendment, even though a two thirds majority and a referendum were not held in order to do so. Mr. Wickremesinghe had sent an ambitious draft which was challenged in the Supreme Court, which ruled that certain provisions either had to be removed or required a two thirds majority and the referendum. The SC pointed out that these provisions as they stood, infringed upon if not devalued the people’s franchise, an entrenched clause or more simply, the very basis of the Republican Presidential Constitution. These were in fact excised. 

But when the truncated 19th amendment was passed, Mr. Wickremesinghe was not a happy man. In his address to the parliament he said that the new 19th amendment was a temporary measure and that a new constitution which abolished the Presidency would be brought soon enough. Now Mr. Wickremesinghe wishes to act as if this has already been done and that we live in a new Constitutional system, in which the Presidency has not merely been reformed and partially restricted, but has actually been turned into a lame duck while the parliament has been exalted into the center of the political system, which is only nominally presidential. 

All this simply because of a case of sour grapes on his part, because he ran for the president twice and failed, and knows that if there is another such election, he may have to vacate in favor of a more popular personality. Mr. Wickremesinghe’s peeve against the Presidency was manifested as far back as 2001-2003, when President Kumaratunga complained on the record to the foreign press, that he ignored and bypassed her at first and then tried to usurp her powers– and therefore she was constrained to kick him out. 

Combined with this is the TNA’s long standing compulsion or ‘drive’. The TNA’s political ancestors were afraid that universal suffrage would confer upon the majority its natural weightage in electoral politics and that the minorities would also be punching their natural weight. Thus the TNA carries an antipathy towards electoral democracy in its political genetic code. It preferred Prabhakaran’s tactics and strategy because that cut through the electoral advantage of the majority. Today the TNA prefers a Parliament in which it is the king-maker, to a Presidency which is directly elected by the nation as a whole. 

What however is the logic of the Presidential system? As is well known JR Jayewardene modeled the 1978 Constitution, and indeed his original advocacy of such a system in 1966 and 1972, on General de Gaulle’s French constitution. What then was the logic of that ‘parent model’?  

The Economist (UK) carries an essay of the French Presidency in the form of a review of a new book, by the British historian Julian Jackson. It was published in the Books and arts section of the print edition of The Economist, under the headline “Jupiter’s father”. Here are key extracts which shed light on the inspiration and animating spirit of the 1978 Sri Lankan Presidential republic:

“…de Gaulle is remembered above all as a heroic figure: a leader who refused to admit defeat, and persuaded the French that their true spirit, uncrushed by submission to Nazi Germany, would ultimately prevail… 

…The general devised a strong executive presidency in 1958, and introduced direct elections to it four years later, precisely in order to remove power from the hands of political parties and bring stability to French institutions. In 2016 Mr. Macron…was able to defy the might of the two mainstream parties thanks to the original source of French presidential legitimacy: the direct mandate of the people, introduced by de Gaulle.”

The review essay significantly entitled ‘Jupiter’s father’ in The Economist gives the deep reasoning and the intellectual-psychological background of the French Presidency, and is directly relevant to comprehending the Sri Lankan Constitution, which modeled itself on the Gaullist:

“De Gaulle’s unwavering belief in his ability to embody the nation, and his modelling of a constitution topped with a near-monarchical presidency, also shaped the heavy expectations—and the disappointments—that have surrounded his successors ever since. Some of them explicitly embraced the Gaullist legacy, notably Jacques Chirac, who denounced the American “hyperpower”, urged a counterbalancing multi-polar world, and relished the strong, centralised presidency. Others, or more accurately François Hollande, flinched at grandeur. After the whirlwind years under Nicolas Sarkozy in 2007-12, voters were at first drawn to the “normal” presidency that Mr. Hollande sought to embody, as he headed off on holiday by train and adopted the forgettable posture of a middle manager. But the French soon realised that they like their head of state to look grand after all.

It was while he was working as an adviser to the normal President Hollande that Mr. Macron began to develop his theory of a “Jupiterian” presidency. The loss of the king and the post-revolutionary Terror, he argued, had created an “emotional, imaginary collective void” at the centre of the French republic. This left the French feeling insecure, and in need of a leader who invested the presidency with a certain aura and mystique. If German political leadership is defined by the application of law, he contended, French society, historically structured around the Catholic Church and the monarchy, needs clear vertical authority and a president who incarnates power.” (This article appeared in the Books and arts section of the print edition of The Economist under the headline “Jupiter’s father”. )

The 19th amendment was not an alternative Constitution or even a mini-Constitution! It cannot change an existing Constitution into a new one. It cannot change the pre-eminent institution, whose pre-eminence derives legitimacy from popular sovereignty, as the sole institution directly elected by the people taken as a whole, into an institution that is co-equal to or even subordinate to the legislature composed of the political parties. The whole logic of the French Presidential republic is the combination of the republican character and the Presidential character. At the root is popular sovereignty and popular sovereignty is primarily represented not through Parliament but through the directly elected Presidency, because The People considered as one, as a whole, a totality, superseded the arithmetical addition of the people broken up into localities and political parties. It is only the directly elected Presidency that is representative of the people taken as a single entity. 

It is that which enables Sri Lankans to think of themselves as a single nation. It is only in that moment that we are regarded as one: when the whole country votes together, to elected its leader, the President. 

The Parliament is a kaleidoscope of shifting coalitions elected as and from a patchwork of localities. The President is elected by the island taken as one unit, a single entity. That is also precisely why the President is our leader; not the Parliament; and the directly elected Presidency is the apex of our state form, our state system and structure—not the parliament. The 19th amendment modified the architecture of one corner of our state system. It did not, could not, abolish, reverse or invert it.  

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Latest comments

  • 24
    0

    Sing , sing , sing. Soon you will be back in SL drinking the local brew and waiting for freebies thrown at you by the westies you so dislike.
    ??????

    • 28
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      Dayan old chap,

      I only read the first line ……. an amendment is an amendment is an amendment …. doesn’t matter if Ranil was/is unhappy ……. He always looks unhappy; no?

      The validity of an amendment does not depend on Ranil’s happiness.

      If the 18th amendment was valid – for Mahinda to contest for a third time – then how can the 19th amendment be not valid?

      So, your logic boils down to ……. 18th amendment was valid because Mahinda was happy ……. and the 19th amendment is invalid because Ranil was unhappy?

      Man, where did you get your PhD? ……. That’s where I’m heading! …… Finally there is light at the end of the tunnel for me to get a PhD!

      • 9
        0

        Nimal F.

        Dayan has never stepped in an Ivy League or a place of similar standing.
        It looks like he got his PhD from a crappy university or must have licked the balls of a departmental head of that crappy institution to get the degree.

        This illogical idiot should at least have learnt what is the basis of syllogism.

      • 1
        19

        Nimal Fernando, just don’t worry your not so pretty head about these big boy discussions, go play with your butterflies. If you must know DJ’s Ph.D. is from Oxford.

        And for the benefit of the other more intelligent losers on the CT cyber-wasteland, if an amendment is to amend the basic premise of a constitution, you need the approval from who holds the sovereignty of the Republic, i. e the People,. the primary premise of the ’78 constitution is to exercise the people’s power through the executive president, to change that you need a referendum,.

        • 14
          0

          It hurt, eh buddy? A wee little bit? :)))))

          “DJ’s Ph.D. is from Oxford.”

          Ha ha ha ha ………… go find out where his PhD is from “big boy!” ……. you Einsteins make my day. :))

          First go find out how the 18th amendment was adopted, then tell me how differently to that was the 19th amendment was adapted.

          No wonder the super-intelligent Rajapakses are in this mess when they have “oxford” educated :)) supporters like ye! :)))

          So you are a butterfly? It was so brave of you to come out and admit. I give you that! :))
          Not that I give a toss about people’s private preferences; that’s their thang.

        • 10
          0

          FYI – DJ’s PhD. is actually from Griffith. A relatively new & pretty low ranked university in Australia.

        • 7
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          Wannihami,

          Dayan from OXFORD? My foot.

          Go and find out to see it your self.

          He was expelled from a university in New York for academic failures and dishonesty; then, this low IQ man finally managed to get to Griffith, which is not even close to a very low ranking university in US.

          Looks like you are raising your head from the REFUGEE CULTURE in Scarborough, Toronto or some wild uncivilized corner somewhere.

          • 0
            0

            Alright, getlemen I stand corrected, thank you, Maharage, Max .
            Dr. DJ’s quality of scholarship made me make mistake that, isn’t GL Peiris an Oxford PhD.

        • 0
          3

          Okay dear girl Nimal Fernando, I was wrong about DJ’s PhD. On the other hand spirit of the “78 constitutions was to bring in an executive presidency, and 18th amendment actually strengthened the 78 constitution so that did not need a referendum, the 19th was for taking the power away from the Executive president, and that would have needed people’s mandate. Thank you for calling me an Einstein, but my theoretical Physics knowledge is minimum, as for being a butterfly, no my dear girl, not since St Thomas’s or was it Ananda, cannot remember it was so long ago.

          • 14
            0

            “Okay dear girl Nimal Fernando”

            Oh C’mon! Is that the best ye can do? The very best? …….. You guys are so pitiful I have to water down my taunts ……. lest I hurt you pathetic sissies. :))

            “I was wrong about DJ’s PhD.”

            Don’t be so sure! That’s not the only thing you are wrong about. :))

            “78 constitutions was to bring in an executive presidency, and 18th amendment actually strengthened the 78 constitution so that did not need a referendum, the 19th was for taking the power away from the Executive president, and that would have needed people’s mandate. “

            Ha ha ha ha haaaaa …….. you are outdoing the goons ……… the best comedy act in years ….. It’s even funnier cause you are serious! :))))))

            “Thank you for calling me an Einstein”

            Look, I’m a nice guy! …….I even made someone like you feel good about yourself! :))

            “as for being a butterfly”

            Why are you so obsessed with gender, sexuality, preferences ……… what insecurities afflict your manliness/girlishness? Do you really have to make an obsessive public display of your insecurities constantly?

            Man, just give up …….. I don’t want to humiliate you anymore :)) Please please please let me be benevolent and kind in this festive season.

    • 7
      0

      Dr. Dayan Jayatilleka,

      Are your balls dissolving too, with the dissolution of the parliament?

      Sirisena’s balls are mostly dissolved. and Mahinda Rajapaksa’s balls are dissolving too.

      It is the Constitution and its amendments that do not dissolve, as interpreted by the independent judges of the supreme court, without any duress

    • 6
      0

      Dr. Dayan Jayatillaka,

      President Sirisena is asking Mahinda Rajapaksa to resign, through Nimal Siripala de Silva, and Mahinda is refusing. Mahinda says, Sirisena will have to fire him.

      Right now, the appeals court has fired Mahinda Rajapaksa.

      Did you advice Mahinda and Sirisena through Vasudeva Nanayakkara through your e-mails? Do you guys know if you are going or coming?

      Neither Sirisena, Mahinda and their cronies Do not know whether you are coming or going – to be in a very confused state:

  • 14
    0

    some has written like this. the difference between our political thieves and poor thieves..

    (*What is the difference between an Ordinary Thief (OT) and a Political Thief (PT)?* ..

    1.The *Ordinary Thief* steals your money,
    bag,
    watch,
    gold chain etc.
    But,
    The *Political Thief* steals your future,
    career,
    education,
    health and business!

    2. The hilarious part is: ..
    The *Ordinary Thief* will choose whom to rob.
    But, you yourself choose the *Political Thief* to rob you.

    3. The most ironic one: ..
    Police will chase and nab the *Ordinary Thief.*
    But,
    Police will look after and protect the *Political Thief!*
    That’s the travesty and irony of our current society!
    And,
    we blindly say we are not blind!)

    this is what takes place in Sri Lanka.

  • 1
    17

    Well said sir.

    • 11
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      Shenal

      “Well said sir.”

      Bull S**t racist.

    • 5
      0

      Shenal,

      Sounds like well said for ignorant and uneducated morons. Shitty praise for shitty writing

    • 2
      0

      Shenal,

      What is your IQ? Mean IQ of the land is 79. Just curious.,

  • 17
    1

    JVP proposed some good steps to resolve this crisis.
    1) Impeach MS immediately.. ( He is the main cause of all problems.
    2) Punish all who engaged in this crisis.
    3) go for public referendum to know if people need this executive system or not

    • 1
      0

      Critical thinking,

      The late Dr. N M Perera presciently predicted in 1978 that the country would be in peril, if a Madman becomes president. Sadly it has come true today.

      Yes, Impeach the Madman and save the Country.

  • 24
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    The 19th Amendment Is Not An Alternative Constitution: Presidency, Parliament, Judiciary & The Spirit Of The Constitution by Dayan Jayathilake.

    Can there be a more Dumb man like him with a doctorate to cap?

    The 19th Amendment originally submitted to Court, Court wanted certain adjustments and a Referendum in case if it were to be adopted by Parliament. Therefore the needed adjustments made and whatever that required a Referendum was deleted and was passed by the required 2/3 in the Parliament. Now this ass is saying that 19th is not the Constitution and that Ranil did not subject it for Referendum approval. What does he mean by that the 19th is not the Constitution. Obviously the 19th is an amendment to the Constituion and is part and parcel of the Constitution. Also a Referendum is not required since it has been approved with a 2/3 mandate.

    Dayan your days are numbered. The moment Silisena is out, you are out too. Don’t think of coming back home to a hostile reception. Try taking refugee status in Siberia.

    • 16
      0

      gamini

      Did you really waste time reading Dayan’s typing?
      This hypocrite quotes the Neo Con Champion The Economist to drop a few names.

  • 19
    1

    DJ
    Why don’t you shut up and get loss.

  • 7
    0

    Yes still a umbilical cord is needed.

  • 18
    1

    In Sinhala we say “ha machang” when people speak buffalo excrement. This is time to say that LOUDLY. HA MACHANG. A man who keeps barking for his meal; man with archaic, obsolete socialist theories, a man who has never applied, interviewed and got a private sector job in his life, once again pontificates like a pundit. Go have a Macaroon and an Eclair with un Café at the Seine mate. MR is greedy for power. Your new paymaster My3 is way out of his league, and butterfly man is out of tune.

  • 12
    0

    [edited out] Heck with his theories and explanations.

  • 17
    0

    You say 19th amendment cannot change the constitution, what the hell are amendments for then?

    Your cockeyed logic does not hold water.

    If 19 amendments are enacted and in force already, the constitution has changed its content and character significantly already.

    You are taking people for fools just like Rajapaksa family and Sirisena.

  • 15
    0

    Yawwwwn…. get a life Dayan! What to do you know of law and justice and constitution?!?!? Had you known at least of these three properly, you’d get out of licking MR’s you-know-where.

  • 12
    0

    In my opinion President Sirisena and Mahinda Rajapakse MP must have received advise from this pundit to go illegally against constitution and rule of law to capture the power by force. He must have advised both Sirisena & Mahinda to go illegal otherwise they have no way to come power through democratic process and legally. I think he did it to punish both Sirisena and Mahinda who dismissed him from the job. What a rubbish?

  • 0
    5

    This whole debate has been centered around personalities. If instead of MR, a benign personality was chosen by the President to be the PM, one wonders whether hell would have broken loose as it did. The presidents original decision to sack RW has not been challenged either by RW or any of his supporters. Moving a NCM against MR showed that RW and others accepted the legality of the Presidents decision. It is undeniable that the President could have acted with more decorum when sacking RW. Walking away from a MOU without notice wasn’t exactly what he should have done. However, MS the President, and MS the General Secretary of the SLFP, has an issue with decorum as events proved in November 2014 and in October 2018. As some writers have said elsewhere, a badly drafted 19th Amendment has provided the ammunition for the political impasse the country is facing.

  • 16
    0

    For me the main reason why the raving maniac Sira and the Rajapaksa Mafia should be ousted from power is … to stop the deluge of snake oil from Dayan the relentless peddler.

  • 11
    0

    Dr.DJ.
    The constitution is the problem.
    Lets abolish the Constitution, and give the Rajapakse Clan to be the rulers of Sri Lanka for generation after generation.

    • 8
      0

      Rajash

      “Lets abolish the Constitution, and give the Rajapakse Clan to be the rulers of Sri Lanka for generation after generation.”

      Mahinda insulted him stating on public media he worked for INGOs.
      What he meant was he considered the public racist as an used condom.

  • 7
    0

    Idiot Dayan, 19th Amendment is the Constitution. Did someone say you have a PhD? Go and use it as toilet paper as there’s a scarcity of them in Moscow

    • 7
      0

      There is no doubt that Dayan is an idiot. Before 19tha mendment, there were 18 amendments to the constitution. The worst one was the 18th amendment which was brought for the purpose of Mahinda family become dictators. It was brought after bribing some Muslim MPs and UNP MPs. Dayan do not speak about the murders, abductions, corruption by Mahinda Family. Why? Because he must have got a fake PhD after bribe.

      • 4
        0

        Dr. Dayan Jayatilleka
        As you are a diplomat, I will use a diplomatic word for what you have written: ‘balderdash’.

  • 5
    0

    A leader cannot call himself a leader without followers and if the followers are not consulted prior to making serious changes the leader will be sacked by the followers. No leader is supreme unless he has adequate followers to support him. If he has no civil support, he has to depend on the military for support. Military is not going to support an Idiotic Leader indefinitely. Finally, without the support of the people or their representative the leader becomes a non entity. That is what is going to happen to Iyo Srisena, Amen!

    • 5
      0

      There is a decent limit to servility and salivating. That you need a job and means to economically survive is understandable. But, for heaven’s sake, don’t take all Sri Lankans for granted. Principled politics and professional integrity are features you willingly and unnecessarily forfeited – for filthy lucre. Muslim Congress is probably the only party that escaped your shenaniganism. Please remember to protect the memory of that revered gentleman journalist icon – Mervyn. He refused to sell his honour for that proverbial twenty pieces of silver. The fragrance of his memory will always enrich Lankan journalism. There is a lesson for you there.

      R. Varathan

  • 4
    0

    Oh just get out you bootlicker. There have been so many amendments to the constitution & why should only the 19th one be invalid?

    The president who sent you to Russia is obviously mad & will soon suffer an ignominious exit from politics.Then be prepared to come back to Srilanka but just be careful where you go or you will have to do another “Archemidis “-you as one of these ppl’s chief advisors- is hated so much!

  • 2
    0

    Dayan now quotes “The Economist”-The high priest of neo-liberalism.

    Now Dayan appreciates De Gaulle and JR Jeyawardene. Great Leap forward indeed from the days of Castro, Lenin and Mao.

  • 1
    0

    For people with a good conscience, the constitution is not important and they can correct it. What is playng here hunger for power, prestige and wealth to be earned (Pensions at stake included). On the other hand, TRUMP had said, We supported you but you now support China and we do not let that happen. Ranil’s wish is at all cost, I must be the president. He had even talked to Mahinda Rajapakse about this and they know in every occasion that they were together. So, Ranil thinks Maithripala sirisena should bend to him respect the COMMON CANDIDATE PROJECT (MCC lost money in that).

  • 0
    0

    Here we have Dayan Jayatilleka talking ~ “…………The Spirit Of The Constitution”.
    .
    Political Scientists rate the teams vying to hold the reins to be bad. We have a Hobson’s choice.
    .
    Journalist Dayan is about the only one who says “RW-team is tainted and is bad. MR-team is squeaky clean and adorable”.

  • 0
    0

    Even Sajith Pemadasa says there id a limit for the hunger for power and people should listen to the PResident and He, even Sajith, is fed up of politics. Why Ranil is not arrested for his bond Scam.

    • 0
      0

      JD, Thank you for that easy question, ‘Why Ranil is not arrested for his bond Scam’.
      .
      He will have to wait for his turn. There are many other scammers ahead of him, in the queue!

  • 0
    0

    Dayan is slowly but surely unravelling the anarchism in him! Now its time you join your buddy Sira in the fields of Polannaruwa.

  • 0
    0

    The Economist’s essay is reviewing the biography of “Jupiter’s Father”; not about Jupiter. The essay was not intended to analyze the French Constitution. Thero is attacking 19A, fearing that the Court is going to give a favorable verdict to UNP, based on it.
    But here is how Thero’s twisted strings of the story of The Economist are running.
    I don’t want to go into his history. It is out there in the world of all reading planes. But I need to remind one thing to readers. We have seen all throughout the history that suddenly an extraordinary statesman comes out of the blue sky, fights against the evils, put all things to normal & pave way for people’s new life. This sounds like a fairy tales of Hollywood movies, but it does happen. But the question of “Why a De Gaulle does not come out every day or even in every time when people are oppressed” is hard to answer. A light talk on that is it could be just one talented guy uplift and modify him/her to the precarious situation and shine out as hero would be an explanation. So in all other times of average trouble the De Gaulles walking among us do not wake up, but find satisfaction with inner peace of their own simple life. Thus left alone, we ended up struggle with our pain and sorrow.
    De Gaulle fought against the evil empire the USSR as much as he fought against the Nazi too. Thero is trying to show that JR and Old King are Lankawe’s double Charles de Gaulles, fought against Tamils. They both are extreme racists and listed as War Criminals. Ugly Racist, Thero many times compared Tamils to Nazis & Leader Pirapaharan to Hitler because of their struggle to have them liberated from the tyranny of Sinhala Buddhists. Here, he is subtly doing it again by secretly comparing two Hitlers, JR and Old King to De Gaulle.

  • 1
    0

    We will not try to answer the questions of “why the French Constitution is like that or why an army General’s thought in that way 1958 to formulate a constitution like that”. There are many elements will make us go wrong if we attempt to predict De Gaulle thought in 1958, based on an easy of 2018 as an explanation to an Extreme Racist’s action in 1978.
    Unlike JR, De Gaulle did not intend to crown a Hitler in France. To asses JR’s intention during the constitution formulation, it is important to consider his comment of bragging that he could do anything but change man to woman or vsv.
    De Gaulle wanted a permanent protection for France from suspicious neighbors. De Gaulle did not live long enough to see the current unified Germany. Neither did he see current EU nor dismantling of USSR. After winning the Nazi war, in 1946, De Gaulle retired from his military ruler position. His formulation of the constitution is years after to that.
    Thero’s assumption is, for the unsecure feeling of French People, De Gaulle answered with his constitution. But the reality is neither in contemporary time, nor in 1958, or even in 1944 France is/was able to fight a modern war alone. We need to analyze further if French people’s insecurity feeling is better quest with NATO or French Constitution. In any case it is completely an irrelevant talk. What is the insecure Sinhala feeling Thero is comparing here with 1958’s French People who had just returned from WWII and Lived with the threat of USSR?
    The JR’s constitution never dreamed of external conflicts. The biggest armed fight Appe Aanduwa encountered was by JVP, the Sinhala youths. In 1971, India had sent its troops to protect Lankawe.

  • 1
    0

    But what the reality we saw is under JR’s constitution the Sinhalese who protested in Katunayake and Weliweriya was shot to death. But under De Gaulle’s construction, Macron allowed to have the French People’s “Yellow Jackets” their way. While the French people’s cultural and Civilization aspects have grown under their constitution, the 1948 Perl of Indian Ocean, Lankawe has been reduced to rotten Lankawe.
    Jupiter (French Constitution) was conceived in 1958. JR invented his code for Republican Socialistic Sex Change operation is in 1978. International Politics, understanding of people’s Sovereignty & self-ruling and UN’s perverseness have passed many developments by that time. Countries’ sovereignty has been conditioned by their ability to play in the international relationships and their subscriptions to UN and its subs’ conventions.
    Thero is hiding all that facts and insisting that the country has to return to JR’s 1978, constitution, repealing 19A. Constitutions are open for the people to rewrite & modify when needed. Countries do not go back on them, unless there is an 18A.
    Even the Yard Stick constitution, American constitution has been amended many times. Westminster many times took deviation from its custom. The French Constitution has taken 25 corrections. The JR’s constitution, newest of them all, has taken 19 amendments. That is not the bigge about JR’s constitution. But it is the only constitution, so far, five times voted by majority of the people to be removed from the Land. The Parliament elections are not in that count “Five”. In that case it is beyond 10 times. Form CBK time, in all elections, winners have promised to remove JR’s constitution. People have mandated the winners five times to remove the JR’s rotten text. But JR has in built a trap in that – A Virtuous Circle. Those who are sent with the mandate are immediately falling victims to the Virtuous Circle and make the people their victims. So people are not able to get JR’s constitutions removed.

  • 1
    0

    We almost all time bring US, UK, French, German like constitutions in circumstances where people sovereignty like question comes to stage. But it is not anyone our conclusion that if employed anyone one of those, or like Swiss, Russian or even Chinse constitution, it may ever bring the country under a stabilized government. Remember, Ceylon started with Soulbury Constitution, practically a replica of Westminster. That constitution did not make Lankawe a UK in S Asia. But instead now the Inland has become a dirty Pariah in the Indian Ocean. It is not destroying only its people, but it is feared by neighbors and world that it is a security risk for entire world. It is repeatedly expressed that the next atomic war of powerful nations may be fought in Lankawe to ensure their security and status. The reason for accelerated slippery of this is JR’s constitution.

    In the medieval time, there was some invasion of South Indian Tamil kingdom to Ceylon. Thero use these to infuse venom in his essays. He says TN is 32 miles from Lankawe. 32 miles from Ceylon is only India. Indian decisions are made 1500 miles away, in Delhi, by completely a different community from TN. He says Sothern Indian Tamils’ influence will force India to Invade. That is completely rubbish. India came in Lankawe by JR’s request. India wanted achieve was India- Lanka Pact. That is about India’s security from unscrupulous acts of Sinhala governments but not anything relevant to Tamils. India insisted on devolution of power to Tamil only to make sure Tamil will not demand a separate country to escape Sinhala Buddhists’ tyranny. India fought against Tamil in 2009. So if Thero argues that JR modeled his constitution to stops India invading or helping Tamils to go alone, it is not holding.

  • 1
    0

    Further now all major powers are concerned about Lankawe politics because they fear it is affecting their interest in Indian Ocean. If a constitution is model against Tamils or against India, how the preservation of that going to protect Lankawe from the international players like Russia, China, America and Western countries’ interests in Indian Ocean?
    The Famous Cuban communist is citing French Construction to protect Sinhala Buddhism from Tamils. So he wants the 19A to go. But there is long negation with Sinhala Government to solve Tamils problem, Changing Soulbury, 1972 & 1978 Constitutions. One must notice that in all the political solutions proposed from Banda – Chela pact though CBK to All Party Solution of Tissa Vitharana, French Constitution was not a model considered. JR’s 13th amendment and North East merged administration with Land and Police authority to Provinces is also included in that sentence. JR’s 13th Amendment is based on Indian Model.
    Parliament is still based on Westminster Model, though from 1978 to 2015, it was powerless. I don’t think that any of the major party will have courage to put forward a manifesto in the next election to restore JR’s doctorial constitution. Thero appears to be a lonely owl hooting in the dark all alone, in his call.

    So the assumed insecurity in 1978 constitution as per Thero can be “is not internal, not external, but specifically it is from Tamils”. What obvious here from Thero’s essay is De Gaulle’s constitution is attempting protect the French land while JR’s constitution is only about who sell the Land to China and pocket the commission. Is it UNP or SLFP or Slap Party?

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    The funny thing with the initial NCM is UNF says they have the majority. UNF knew that they had electronic voting system Yet, they went for voting by noise making twice. Doe snot it look something is weird. Besides, two rqating agencies dropped tge Sri lankan debt rating. the similar debt rating happened to CHAVEZ in Venezula. .

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    Dear Dr Dayan Jayatilleka

    It is good to hear from you at this crucial juncture in our history.

    The issue here is that the 19th amendment and the main body of the constitution seem to be at odds with each other. It is difficult for the ordinary man, as well as the esteemed lawyer to discern.

    One could argue that the intent of the 19th was to curtail the powers of the Executive, but the same amendment left in place the overarching powers of the President. Contradictory? But that is the problem.

    The Supreme Court could neatly put the issue back to Parliament, and thereby force them to take a vote, settling the issue and preserving the dignity of the Parliament and Executive.

    The more important factor here is the appeal to the SC by the current PM don’t you think?

    Whoever engineered this game plan knows strategy.

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