Title : Break law without breaking it (Lakshan)
Author: Lakshan Bandara
Created Date: 2020-08-20
Last Modified Date: 2020-08-20
Article Code: 139
Keywords: Break, law, rights, privileges
It is lawful to break the law, without breaking it.
මෙය, "මගේම නොවන, මගේම ආදරයක් තිබුණා" වැනි චතුස්කෝටික කියමනක්.
It is a law of nature, where water flows from top to bottom. Think of a waterfall.
Using another law of nature (electro-magnatism), we can turn a turbine-dynamo by hydropower (water fall) .
Then, using another law of nature (electro-magnatism), we can pump water up by an electric motor (well) .
The result is water flows from bottom to top.
Iron is heavy and sinks in water. That's a law of nature.
When expanding the surface area, ships built using heavy iron do float on water.
In "What is Sovereignty? What are Rights?" article, I pointed out the deception issue in the constitution of Sri Lanka, where privileges are given to citizens as fundamental rights.
නංගි පෙන්නා අක්ක දීම වංචාවක්.
As a result, citizens have no legal grounds to claim rights.
As per the title of this article, it is possible to give legal grounds to claim rights, without deception and fraud.
Following is the remedy to the problem:
In the constitution, rename as "Fundamental Privileges".
Privileges can be given and taken (restricted) to and from citizens.
Citizens can claim their rights within the limits of privileges given.
Then, they have legal grounds to claim their rights in court cases.
This solution is technically correct.
I saw the same issue in the constitution of South Africa, when Dr. Prathiba Mahanama brought it to my attention.
Therefore, this is a global problem and solution.
Why experts in constitutional law have not seen this problem and solution for such a long time?
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