[APPRECIATIONS - (17-12-2018)] | Daily News

[APPRECIATIONS - (17-12-2018)]

Good judgement comes from experience

The landmark judgement which was given by the supreme court regarding the disillusion of parliament by the President is a big challenge to the Attorney General as he had mentioned in the court that the action that had taken by the president in this regard was constitutionally correct and therefore no one cannot challenge it before the court and also the court has no right to hear that case according to the constitution. He has made his submissions in respect of this petition at about five and half hours according to media reports.

The GCE (O/L) paper (Social Science) had the same question and the right answer in this regard was the same one like in the Supreme Court ruling.

The legislative branch of government is responsible for enacting the laws of the state and appropriating the money necessary to operate the government.

The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.

The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.

The term “trias politica” or “separation of powers” was coined by Charles-Louis de Secondat, baron de La Brede et de Montesquieu, an 18th century French social and political philosopher. His publication, “Spirit of the Laws,” is considered one of the great works in the history of political theory and jurisprudence. It inspired the Declaration of the Rights of Man and the Constitution of the United States. Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.

Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.

Thanks to President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe and his previous government the Independent Commissions was set up under the 19th Amendment to the constitution. Therefore, we have now independent Judiciary as well as independent judges too. But we have doubt about the other commissions like Election Commission, Public Service Commission etc.

I feel that President and the Prime Minister put aside their differences and join hand together with them to continue the yahapalanaya government further more especially, at this critical juncture when the country is facing economic crises due to political instability in the country.

W. G. Chandrapala 


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