Dec 03, 2018

Rajapaksa’s examples, an influence or pressure on the court? Featured

Senior lawyer Upul Kumarapperuma says the clauses of the constitution cannot be taken in isolation for the purpose of interpretation of the law, as has been done by Mahinda Rajapaksa.

Kumarapperuma says in a facebook posting that what Rajapaksa insinuates in his statement yesterday (02) that the president has powers to dissolve parliament at any time at his discretion.

Rajapaksa says that clauses 70 and 33(2) C should not be taken together, he says, noting that a constitution does not have clauses included unnecessarily.

The 19th amendment allows for the dissolution of parliament after a lapse of four years and six months, as amended from the 1978 constitution which gave the time period as being a lapse of one year.

Rajapaksa also gave examples from the constitutions of India, Norway, France, claiming certain powers of the head of state, he says, noting however the Sri Lankan constitution does not give such powers.

The president cannot go out of the structure given by the constitution, which will be a violation of the constitution.

That is the very same matter before the court. The court will consider the existing law only and will not consider anything outside that.

Therefore, Rajapaksa’s statement and the examples he gave should not be an influence or pressure on the court, Kumarapperuma adds.

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