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Title : Justice and Equality (Lakshan)
Author: Lakshan Bandara
Lakshan Bandara

Created Date: 2021-11-11
Last Modified Date: 2021-11-11
Category: Law
Article Code: 189
Keywords: Justice, Equality



Article

Justice = යුක්තිය
Equality = සාධාරණය

Wijaya Kumarathunga once said while beating his chest, at one of his acts,
"අයුක්තිය අසාධාරණය රජකරන සමාජයක යුක්තිය සාධාරණය වෙනුවෙන් සටන් කරන... " meaning,
"in a society where injustice and inequality (unfairness) reigns, he shall fight for Justice and Equality".

The term "Justice" is used in law, but it does not have a proper definition. In the new constitution (www.intellectforum.com/constitution) I proposed, at "Terms of Use Act", I defined Justice as "Achieve the goals of system design".

Objectives / goals must be set for any system. For example: constitution. These goals must be achieved at designing, planning, implementing, monitoring and controlling. That is Justice.

Unfortunately, current constitution of Sri Lanka has no goals. Therefore, justice is in the dark.

Now let's discuss Equality / Fairness (සාධාරණය).

Thomas Jefferson penned in 1776, at the U. S. Declaration of Independence, during the beginning of American revolution,
"we hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalianable rights, that among these are life, liberty and the persuit of happiness."

We know for a fact that men are not born equal, do not live equal and do not die equal.

Then, why did Thomas Jefferson say "all men are created equal"?

Well, he amended the God given constitution, which is above man and below God.

God
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God given constitution
(world order made by Man)
|
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Man
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Man made constitution
(constitution of Sri Lanka)
|
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Citizens


The constitution of the Democratic Socialist Republic of Sri Lanka, which is below man says in
"12 (1). All persons are equal before the law and are entitled to the equal protection of the law."

All characters defined under the fictional constitution story are created equal by default.

When hierarchy is made in the constitution, the characters get unequal with privileges and punishments.

For example :
Members of Parliament > Default Citizens > Prisoners



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