Sri Lanka: Ranil, the Sovereign People and Constitutionalism

In the context of exercising the constitutional sovereignty of the people and in the spirit of constitutionalism, can the appointment be considered a fair, reasonable and just discharge of the duties and functions of the President.by Mass L.

UsufThe stability of a nation is assured when there is a stable government in force. We have a functioning parliament consisting of 225 members.

A few are nominated and the majority elected by the people. Our Constitution also provides for an Executive President.

In a representative democracy the Prime Minister and the Cabinet of Ministers constitute the government. In constitutionalism, a government's authority is determined by a body of laws called, the Constitution.

The Constitution is regarded as a form of checks and balances, guidance and rules for limited government. It seeks to prevent the dangers of arbitrary government, abuse or corruption in the use of power or authority and, as a check on rulers who govern willfully to serve their own interests ignoring the general masses.

We are, today, right in the middle of what constitutionalism desires to avert.Sovereignty of PeopleAccording to Article 28 of our Constitution, it is a fundamental duty of every person to uphold and defend the Constitution in furthering national interest.

The people who are the sovereign in this country (Article 3) should not permit the use of the law to serve as a tool for the benefit or advantage of a particular person, entity or position. The Members of Parliament must recognize that he/she draws authority, directly or indirectly, from the political sovereign - the Electorate, the people who voted him/her to power.

The same principle applies to the President.The High Court of Australia clarified sovereignty as follows:"The sovereign power which resides in the people is exercised on their behalf by their representatives.

The point is that the representatives who are members of Parliament and Ministers of State are not only chosen by the people but exercise their legislative and executive powers as representatives of the people. And in the exercise of those powers the representatives of necessity are accountable to the people for what they do and have a responsibility to take account of the views of the people on whose behalf they act.

"(State of New South Wales vs. Commonwealth of Australia and another, 108 A.

L.R.

577)The distinguished Nigerian Professor and scholar of Constitutional law, Ben Nwabueze notes, "Constitutional restraints...