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Title : What is Sovereignty? What are Rights? (Lakshan)
Author: Lakshan Bandara
Lakshan Bandara

Last Modified Date: 2020-07-29
Category: Law
Article Code: 112
Keywords: Sovereign, Rights



Article

The Constitution of Democratic Socialist Republic of Sri Lanka - Article 3 says, "sovereignty is in the People and is inalienable".
"ශ්‍රී ලංකා ජනරජයේ පරමාධිපතය ජනතාව කෙරෙහි පිහිටා ඇත්තේ ය."

Sovereign is a king.
There's no single king in Sri Lanka.

A people in Sri Lanka (country) have sovereign rights as an individual.

The term people can be used for singular (individual) and for plural (collective).

In western thinking, "All Men Are Created Equal by God".
I am a king, as well as you.

A sovereign can have subjects. It is not necessary for a master mind to have slaves.
Fellow sovereign people are not subjects of a sovereign people, unless they contract with consent to surrender their rights.
Citizens defined under the fictional constitution are subjects of a sovereign people.
When a sovereign people contract to act as a citizen, it is important, not to surrender fully.
Also, a people have rights to detach from the assumption of citizen status at any time he wishes.

The constitution (on dead paper) is a fictional tool of the living breathing people with flesh and blood.

Therefore, people acting as the president, parliament members, judiciary, other officials and citizens under the fictional story (constitution) are within the scope of the said story.
Such actors (when acting the role) are servants/slaves of people.

"Qui facit per alium facit per se" means, “He who acts through another does the act himself.” It is a fundamental legal maxim of the law of agency.

Any people has rights to override his agent's decisions.

The master is responsible for acts of his servants (agents), in the same way he is responsible for his own acts.


It appeared to Socrates that politicians claimed wisdom without knowledge.

Current politicians in Sri Lanka are not visionaries, though some of them have middle to low level management skills. That's not enough.

Almost all of them are concerned only with getting and being in power, without fulfilling the aspirations of people.

When agents are not competitive to do their job, the master (people) must know his rights to make things happen.


What is Sovereignty?

Sovereignty is the full right and power of a governing body over itself, without any interference from outside sources or bodies.

පරමාධිපත්‍යය යනු සරලවම කියනවා නම්, "මගෙ පාඩුවෙ ඉන්න මට තියෙන අයිතියය. අන් අය සමග මා ගනුදෙනු කරන්නේ මගේ කැමැත්තෙන් පමණි".

1. A slave cannot have rights. Sovereign must be a master.

2. Sovereignty is about self governing. It's a private thing.
A king controls his subjects, but doesn't control other kings by default, unless they surrender by contract.

In the constitution of Sri Lanka, sovereignty of people is exercised as Legislature, Executive, Judiciary and Fundamental rights.

3. A sovereign must not be influenced by others without his consent.
Mutual agreements are contracts to surrender some of the rights for benefit.
When sovereigns conflict without mutual agreements, they declare war. War is a contract, if not rejected. (No contest is not a rejection. See "Trick to Judge you" article in Intellect Forum) The objective of war is peace. That is to surrender rights.
When sovereigns do not conflict, there is peace. It's a silent contract.

For example:
Give a balloon and a pin for each of a group of people. The rule of the game is, after 10 minutes anyone with a balloon in hand is a winner. The normal behavioral contract is to compete and destroy others balloons and save his own to be the only winner. The result is nobody wins.
If all are in silent contract not to conflict, all are winners.


People have Inalienable Unalianable rights

Inalienable Rights are not subject to alienation, meaning the ownership of these rights cannot be transferred to others (taken away or denied). But, inalienable rights can be exercised through agents (subjects).
For example:
Planning (Legislature), Implementing (Executive), Monitoring (Surveillance) and Control (Judiciary)

In the constitution of Sri Lanka - article 3,
"sovereignty is in the People and is inalienable"


Unalienable Rights are not subject to alienation and cannot be exercised through agents (subjects).
For example:
Right to breath. Right to be satisfied. Right to have body space.
Others cannot exercise those rights for you.

It is unlawful to breach rights.
A Legal entity cannot exist Unlawfully.



There's a difference between Privileges and Rights.

Rights:
Master have rights. Slave cannot have rights.
Rights cannot be given or taken away.
Sovereign can claim anything as his rights.
Rights of a sovereign ends where the rights of another sovereign begins to avoid conflict. That's the only limitation.

Privileges:
Master gives privileges to slave.
Privileges can be given and taken back.
Slave have no rights for privileges.
For example,
Employees can demand for salary, but can only request the employer for bonus.



In western thinking, God create man (people).
God is master and people is slave in the master-slave relationship.
See Figure-1

God give privileges to man.
One of them is ability to think.
Then, man think and build fictional tools.
One of his tools in constitution.
Therefore, the people right for sovereignty is a god given privilege



The constitution of Sri Lanka-Chapter 3 mentions Fundamental Rights:

10. Freedom of thought, conscience and religion.

11. Freedom from torture.

12. Right to equality.

13. Freedom from arbitrary arrest, detention and punishment and
prohibition of retrospective penal legislation.

14. Freedom of speech, assembly, association, occupation, movement, &c (කල්ලතෝනි).

14A. Right of access to information.

15. Restrictions on fundamental rights.

16. Existing written law and unwritten law to continue in force.

17. Remedy for the infringement of fundamental rights by executive action.


People is master and constitution is slave in the master-slave relationship.
See Figure-1
Therefore, the constitution cannot give and/or take rights and or privileges to and/or from the people.


Citizen is slave and constitution is master in the master-slave relationship.
See Figure-1
Therefore, the constitution can give and take privileges (not rights) to and from the citizen.




It is important to note that privileges can be taken back.
For example:
Article 15 - Restrictions on fundamental rights


As you can see, "fundamental rights" in the constitution of Sri Lanka are not rights by any means and ends. They are privileges for the citizen.
If designer(s) of the constitution is/are not mistaken, the intention is deception.


Dear fellow people of my country,
Don't be ignorant as fools.
Know your rights and be responsible.
Be the Master-Minds to Live free!



References:

Constitution of Sri Lanka
https://www.parliament.lk/files/pdf/constitution.pdf
(See attachment)

ශ්‍රී ලංකා ව්‍යවස්ථාව
https://www.parliament.lk/files/pdf/constitution-si.pdf



Video (Youtube)





Attachment (txt/pdf/doc)

112-file.pdf



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People is master. Citizen is slave.

People is master. Citizen is slave.


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