Author
Dr Mario Gomez
Organisation/Institution
International Centre for Ethnic Studies
Country
SRI LANKA
Panel
Constitutional and Admin Law
Title
Recalibrating Sri Lanka’s Constitutional Structure
Abstract
Recalibrating Sri Lanka’s Constitutional Structure Finding an appropriate constitutional balance has been an enduring challenge in Sri Lanka. An appropriate constitutional balance would ensure that no single institution dominates constitutional government and all three organs, and the independent institutions, can maintain effective checks and balances on each other. The election of a new President in September 2024 has opened an opportunity to explore a new constitutional design for Sri Lanka. The new President has pledged to restart the constitutional reform process that commenced in 2016, under a previous political regime. The country’s new Prime Minister, a woman, was a member of the Public Representations Committee on Constitutional Reform in 2016, that engaged in public consultations, and therefore has a personal interest in taking this process forward. Since the 1970s, the country has moved in and out of violent conflict, in and out of authoritarianism, and has been challenged by one of its worst economic crises. It is still searching for that Holy Grail: the elusive constitutional equilibrium, that will facilitate balanced constitutional government, sustain the rule of law, and promote social cohesion. What then would be an appropriate equilibrium among the three main organs of government, and the independent institutions? By analyzing the constitutional structure, by looking at the relationship among the three different organs of government and the independent institutions, and by exploring constitutional practice and politics, this paper presents proposals for recalibrating the country’s constitutional structure. A redesigned constitution should aim to produce a more balanced scheme of constitutional government and reduce the possibility of the country descending into authoritarianism again. Recalibrating Sri Lanka’s constitutional structure will also be important if the country is to leave behind its legacy of political violence, forge inter-ethnic reconciliation, and build social cohesion among its different ethnic groups.
Biography
Mario Gomez is the Executive Director at the International Centre for Ethnic Studies, an independent think-tank in Sri Lanka, and a Visiting Scholar at the Centre for Asian Legal Studies, National University of Singapore. He has worked in academia, human rights, and peace building, and previously taught constitutional law and administrative law at the University of Colombo. Recent publications include ‘Prosecuting Religious Violence in Sri Lanka’, ‘Advancing Economic and Social Rights through National Human Rights Institutions’, ‘The Right to Information and Transformative Development Outcomes’, ‘The Politics of Dealing with the Past in Deeply Divided Sri Lanka’, ‘The Death Penalty in Sri Lanka: Hanging by a Thread’, ‘Constitutional Change and Institutional Resilience in Sri Lanka’, ‘Mixing Writs with Rights: The Implications for Public Law in Sri Lanka’, ‘Constitutional Struggle in Sri Lanka’, ‘Women, Gender, and the Constitution in Sri Lanka’, ‘The Failure of Transformative Constitution-Making In Sri Lanka’, and the ‘Law and Politics of Constitutional Amendment in Sri Lanka’.
