APPROVING 19A IGNORING PEOPLE SOVEREIGNTY
Posted on December 5th, 2018
By M D P DISSANAYAKE
It is crystal clear that 19A has embarked on the “curtailment of some of his powers which may impact on the sovereignty of the people without asking them, would amount to a breach of sovereignty” as clearly identified by N A DE S AMARATUNGA in Lankaweb.
The mandate to curtail President’s power are vested with the PEOPLE, the PEOPLE have not delegated the authority to the Legislature to decide on their behalf. State power emanates from the people of the State. The ” sovereignty has resided in the people as a whole as organized in a changeable and changing government. ”
The Constitution was made by the PEOPLE FOR THE PEOPLE. The Constitution is controlled by the PEOPLE. Therefore Constitution is not sovereign because it is controlled by the PEOPLE.
Despite the Supreme Court directive as to how to seek amendments to the Constitution, ( in this instance curtailment of Powers of the Executive President of Sri Lanka), the Legislature ignored Supreme Court directive and took into their hands of exercising the will of the people by themselves, which has not been delegated to the Legislature by the People.
However there are exceptions for occasional dicta or amendments, but the doctrine of sovereignty always RESIDE IN THE PEOPLE. The Legislature has acted on implied authority, which they did not possess.
December 5th, 2018 at 3:32 pm
Not so. 17A also took away some powers of the president. Draft 19A violated the Constitution and those were removed. If 19A impinged on the powers of the president, he should have objected at that time as Chandrika’s crowd did in 2002. In fact, the president was behind the 19A fully. Now he cannot change his mind.
Also funny how the SLPP camp rejoiced when the Supreme Court decided that Sirisena’s term is only 5 years after 19A and not 6 years as before. How come 19A became a darling then and an evil now?
On the other hand the Mahinda camp cannot push Sirisena too much. He may carry out his threat of leaving office. In that event Ranil becomes president.