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(1) Constitutional Reform |
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The present constitution gives too much power to the President. But previously the Prime Minister had too much power. The problem is that Sri Lanka lacks a system of checks and balances, and other institutions that can challenge and question and restrain executive power.
What is necessary is to reduce the absolute power of the executive head, whatever he or she might be called, and to build up the critical faculties of parliament. Therefore we advocate a bicameral legislature, with both houses having separate mandates and members able to take informed decisions as to national policy, legislation and budgetary provisions; and also able to monitor critically and constructively the performance of the executive. With this we prefer a presidential system with very limited powers. Even if a Prime Ministerial system is restored, we suggest that its powers too be limited
The Liberal Party therefore proposes the following changes -
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The President’s term of office reduced to four years, with re-election possible only once
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No Presidential immunity from the operation of the law
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The President to be responsible for general policy but not to hold any ministerial portfolios
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Portfolios to be limited in number. The President’s appointments to these would have to be ratified individually by the House of Representatives.
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A bicameral Parliament with a Senate and a House of Representatives. The House of Representatives to be elected for a fixed term of four years by the system of proportional representation known as the mixed system of constituencies and national list as exists in Germany. The Senate to be elected on a provincial basis with equal representation for each province. Elections to the Senate to take place also every four years, two years after the House of Representatives.
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The independence of Members of Parliament to be restored by restricting expulsion of members and abolishing nomination of replacements for elected members.
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The division of MPs into committees to monitor the work of all ministries.
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The introduction of a comprehensive Bill of Rights, not subject to executive convenience.
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The curtailment of fundamental rights by emergency regulations should be restricted to only such reasonable restrictions as may be necessary in a democratic society. Such regulations should be publicized widely and placed before parliament within a month of promulgation.
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The adoption of comprehensive judicial review of legislation.
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The creation of a Human Rights Commission with substantial powers before which anyone can seek redress for violation of individual rights.
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The establishment of a Judicial Service Commission with authority as to personnel and conditions so as to ensure an independent judiciary
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Parliament to have no role to play in judicial activity, while criticism of Parliament or its members should not be considered to be Breaches of Privilege.
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The enactment of Legislation which precisely defines the offence of Contempt of Court so that Contempt of Court is not based on the subjective views of individual judges.
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The devolution of full authority in specific areas to provinces as detailed below.
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