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Title : Checks and Balances
Author: Lakshan Bandara
Lakshan Bandara

Created Date: 2021-11-11
Last Modified Date: 2021-11-11
Category: Constitution
Article Code: 191
Keywords: Constitution, law, Checks and Balances


In the constitution of the Democratic Socialist Republic of Sri Lanka,

"3. ... Sovereignty includes the powers of government, fundamental rights and the franchise."

Checks and Balances are expected at powers of Government :
Legislature, Executive and Judiciary.

The purpose of Checks and Balances is to ensure, no one branch of Government would become too powerful.

Suspicion on power comes with the saying of Lord Acton "Power tends to corrupt, and absolute power corrupts absolutely".

To achieve Checks and Balances, separation of powers and odd count branches of powers are established.

Opposition party is meant to further check Government actions.

But, over time we have observed unbalances like legislature overriding powers of judiciary.

Also, opposition has proved to be a nuisance.

Corruption is everywhere in Government. Postmortems are ineffective.

Aforesaid constitutional theories don't work for some reason.

When designing my proposed constitution, I identified the problems and solved them.

I used separation of powers for Checks and Balances as well as for ease of management.

Head of Main Center is appointed for internal administration purpose only.
Already discussed this matter at FAQ-"Why Main Center?"

There's a missing part in management cycle when considering legislature, executive and judiciary.

Therefore, I added Monitoring.
Active monitoring enables zero corruption.

A dynamic system must have good communication.

Therefore I added Media with bidirectional communication. It connects with Monitoring.
ePolitics is the mechanism for citizens participation.

Five is an odd number :
Legislature for planning
Executive for implementing
Monitoring for surveillance
Judiciary for control
Media for communication

Further, I removed useless opposition in my design.
ePolitics system shall generate professional pressure groups with forensic evidence.

To get expected results, necessary powers must be given to the administration without dilution.

Political team with political package consisting of manifesto, action plan, summary budget and emergency plan that become law shall be trusted.

Competence Evaluation and Performance Evaluation is the professional mechanism to appreciate and maintain discipline.

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