Title : Discuss Constitution with Nuwan (Lakshan)
Author: Lakshan Bandara
Created Date: 2020-10-09
Last Modified Date: 2020-10-09
Article Code: 156
Keywords: constitution, politics, executive, legislature, judiciary
[08/10, 13:10] Lakshan:
New constitution for Sri Lanka - proposed by Lakshan
[08/10, 15:54] Nuwan - Philosophy:
Ok, I see you've dropped "democratic" and "socialist", which I think is similar to going back to medieval ages.
But 1.4 (g) says it is in fact a democracy.
So, head of main centre is like a king. Having even beyond the capabilities of the executive head.
Current model is the trias politica model (executive, legislature & judiciary). In which executive & legislature get elected by people, but judiciary isn't. So, not so independent.
But in here, main center holds the power, and select heads for executive, legislature & judiciary, etc..
So, you've basically added a new layer beyond the current model. A new introduced layer. A super powerful entity.
I don't understand the difference between the main center and the executive center which seems to be the same. Yet, head of executive get picked/removed by the head of main according to 5.16(b)
You've given the autonomy but you've stacked them under the "head of the main center" which defeats the purpose of autonomy. So, the autonomy is not autonomy at all because a god like big brother figure stays at the top.
So, these are the main concerns I came up with in the first glance. I'll have a look again when I can. Thanks. Keep it up.
I suggest you to refer "The Universal Declaration of Human Rights" by United Nations. Also, to read more into trias politica model and the "separation of powers".
[08/10, 18:59] Lakshan:
Thank you Nuwan for your valuable comments.
In response to your comments,
1. Do you know why “socialist” term used in current constitution? What socialist attributes do you find?
2. Did you read “immutable principles of Citizen Representative DemocratRepublic” ?
3. Head of main center is not like a king. Read 28. Competence Evaluation and 29. Performance Evaluation.
4. In the current model, executive and legislature get elected by citizens, not people. But, people elected candidates must assume office. That’s contradictory. I corrected it in my proposal.
5. Head of Main Center appointment and removal – read 15, 16, 17, 18
6. Head of Main Center is an internal administrative position 4(a), Head of Executive is an implementation of Acts 4(e) position.
7. Autonomy of centers is there with central internal administration of appointing and removing the heads of each center.
8. I checked “The Universal Declaration of Human Rights” before drafting Fundamental Privileges section. It does not detail restriction of privileges in special situations.
9. I’m aware of Trias Politica, suggested by Charles Montesquieu, including checks and balances. It has a flaw and I corrected it with Monitoring Center. In the current constitution, separate independent powers are conflicting. Eg: commissions, parliament override judiciary, etc. I corrected them in my proposal.
10. Will update the references.
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