A Reform Agenda 18 – Subterfuge to strengthen an Executive Prime Minister

In these last few articles on the tragedy that befell our hopes for comprehensive reform, I thought I should spell out how exactly Ranil Wickremesinghe and those working to his agenda hijacked the process. Their purpose, far from broadbasing power and ensuring a range of different authorities, was to concentrate power in the hands of what one of them lovingly described early on as an Executive Prime Minister.

 

Thus they took upon themselves alone the drafting of the 19th Amendment, without open discussion as had been pledged through the National Advisory Council. And so the discussion paper that came out in early March, circulated only to a select few, declared that

 

33A (2) The President shall, except in the case of the appointment of the Prime Minister or as otherwise required by the Constitution, act on the advice of the Prime Minister or of such other Minister as has been authorized by the Prime Minister to advise, the President with regard to any function assigned to that Minister

Read more...
 
A Reform Agenda 17– Ignoring Parliament

In this last lap as it were of my discussion of what should have been comprehensive Reform Agenda, I thought it would be instructive to lay down the Reforms that were pledged in the manifesto on which the President won the election, and to explain how they have been ignored. Amongst these perhaps the most significant was the pledge about Electoral Reform, which read as follows –

 

Wednesday January 28

 

An all party committee will be set up to put forward proposals to replace the current Preference Vote system and replace it with a Mixed Electoral System that ensures representation of individual Members for Parliamentary Constituencies, with mechanisms for proportionality

 

Read more...
 
Political Principles and their Practice 13 - Ensuring the integriy and the efficiency of the legal profession

The courts and other bodies described above function in order to take decisions according to the law. To advise them about such decisions, or rather to present arguments on behalf of those seeking decisions, there are professional legal practitioners known as lawyers. Lawyers can represent citizens on both sides of a civil dispute. They can also represent citizens against the government in matters of criminal or constitutional law. They may also appear before arbitration bodies and other tribunals. In addition, lawyers assist in the preparation of legal documents, including contracts, property transfers and wills. In theory, such arrangements between parties do not require lawyers. But it is advisable to make use of their expertise to ensure that all legal formalities are observed. This should prevent future legal disputes, though as we know such precautions may not always be successful.


In Sri Lanka we also run the risk of lawyers not always performing their tasks with efficiency and/or honesty. We do not have effective systems of regulation with regard to legal practitioners. I have suggested to the new Minister of Justice that he consider some of the points made by Nagananda Kodituwakku, one of the best public interest lawyers we have. But sadly I have not yet had a response, and I fear that we will not, despite the commitment of the government to reform, deal with what is a major problem for citizens, namely the fact that they cannot always rely on lawyers.

Read more...
 
Political Principles and their Practice 14 – Police forces and other security services

Although cases have to be brought to court when the law is breached, ideally a society should maintain law and order without having recourse to the courts. Crucial in this respect are the forces of internal security. Chief among these are the police, whose primary duty is vigilance to ensure that criminal activities are prevented or limited. With increasing criminal activity, the police find it difficult to fulfill this function, and are instead involved more in crime detection. In such cases, it also falls to the police to prepare evidence and present it in the courts, under the guidance of government lawyers wherever necessary.


Meanwhile, some of the functions carried out by the police at a stage when society was less complex have now been handed over to private security organisations. These hardly existed half a century ago, but now many government officers, private firms and even private houses, have security guards on a scale which was not thought of as necessary some decades ago. We can see then that internal security, which was considered primarily a function of government, is now perceived as a joint responsibility.

Read more...
 
A Reform Agenda 16 –The reasons the Reform Agenda has failed

In the last few articles in this series, I think I should look at how and why the great hopes with which this government was elected have been shattered. I thought this essential because I have read many versions of how the 19th Amendment was passed. Many of the commentaries written in English seem largely designed to place in a bad light those who wanted amendments to the various versions put forward in various ways by government. What is forgotten now is how the Amendment was produced without consultation, in contrast to the promise in the Manifesto of the President.


Since memories are so short, I will note here some important pledges that were completely ignored by the cabal that decided to take charge of the Reform Process


1. Saturday January 10

The new President, Maithripala Sirisena, will take his oath of office


2. Sunday January 11

A Cabinet of not more than 25 members, including members of all political parties represented in Parliament, will be appointed with Leader of the Opposition Ranil Wickremesinghe as Prime Minister.

Read more...
 
<< Start < Prev 1 2 3 4 5 6 7 8 9 10 Next > End >>

Page 5 of 13