By Dinesh Dodamgoda –

Dinesh D. Dodamgoda

A civilised society relies on the rule of law rather than individual rulers for its survival. However, recent political actions in Sri Lanka, especially efforts by propaganda groups allied with the NPP government to weaken the independence of the Attorney General, threaten the country’s democratic foundations. This issue extends beyond internal administration and directly challenges the core principles of liberal democracy.

The Rule of Law: From Dicey to the Modern World

A.V. Dicey’s classic definition of the Rule of Law states that everyone in a state—be it king or minister—must obey the ordinary law of the land. The Attorney General plays a key role in enforcing this law. However, when political parties influence the Attorney General to pursue or dismiss cases to favour their own partisan or ideological goals, it undermines the moral integrity of the institution. In such cases, the principle of “equality before the law” becomes a reality where “one law applies to the powerful and another to ordinary people.”

Formal Institutional Structure and the 21st Amendment

To uphold the rule of law in Sri Lanka, it is essential to reinforce the formal institutional framework. The creation of the Constitutional Council through the 21st Amendment was intended to reduce political influence over appointments like the Attorney General and the Inspector General of Police. Nonetheless, currently, “Informal Institutional Captures” function to circumvent this official system.

By threatening the Attorney General or judicial decisions from political platforms, political parties seek to destabilise the official system and turn their party agenda into law. This directly contradicts Montesquieu’s theory of the Separation of Powers. Any effort by the executive or its supporters to influence the legal process signals the decline of democracy.

The Importance of an Informal Institutional Framework: An International Perspective

Nobel Laureate Douglass North emphasises that a country’s rule of law depends not only on written laws (Formal Institutions) but also on the moral consensus and traditions ingrained in society (Informal Institutions).

Institutional forbearance emphasises that democracy relies on more than just laws. Steven Levitsky notes that leaders should exercise “restraint” by holding back their authority, even when legally permitted. When political parties pressure the Attorney General, they violate this fundamental democratic principle.

Francis Fukuyama suggests that a state’s stability relies on public trust in legal institutions. If the Attorney General appears to be aligned with politicians, citizens might be tempted to bypass the law.

Global Democratic Principles and the Conflict of Value Systems:

The situation unfolding in Sri Lanka fundamentally contradicts the core democratic principles of the world. It represents a conflict between two opposing value systems.

British Tradition and Accountability: The Westminster system emphasises the Attorney General’s responsibility to the public interest rather than to political pressure. In Sri Lanka, politicians’ attempts to influence this office undermine the accepted system’s values.

The Indian Example and Judicial Independence: Under India’s “Basic Structure Doctrine,’ the constitution’s core independence remains unchanged despite amendments. Meanwhile, external influences affecting Sri Lanka’s rule of law threaten the democratic stability of the South Asian region.

European and American Principles: The European Convention on Human Rights and the American system of “Checks and Balances” emphasise that preventing justice through political influence is a serious violation. As Sri Lanka drifts away from these standards, it risks becoming isolated from the global democratic community.

Narrow Nationalism vs. the Universality of Law

Parties such as the NPP government frequently try to manipulate the law by claiming it serves the “National Interest.” Nevertheless, the widely accepted global perspective is that without justice, there can be no true national security or prosperity. As Thomas Hobbes observed, when the rule of law collapses, society regresses into a primitive state of “war of all against all.”

Conclusion: A Civilizational Challenge

Sri Lanka confronts a challenge that extends beyond a single institution. It is a critical moment for the nation to decide which value system to adopt. A functioning rule of law depends on overcoming the political culture that affects the Attorney General and the Judiciary.

What we require is not the capricious decree of a ruler, but a nation governed by the “Rule of Law” that ensures justice for all citizens. To accomplish this, it is crucial to reinforce formal constitutional structures while also fostering a robust informal social morality and public opinion that oppose undue political influence.

*Dinesh Dodamgoda is an Attorney-at-Law with an MSc in Global Security from the Royal Military College of Science, Cranfield University, UK. He has researched terrorism and counterterrorism at the University of Newcastle upon Tyne and the Centre for the Study of Terrorism and Political Violence at the University of St Andrews, Scotland. In 2011, he received a Fulbright Scholarship to study U.S. national security policymaking at the University of Delaware.