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Constitutional Supremacy: To Be or Not to Be? A Commentary on the Role of the Judiciary in Preserving the Supremacy of the Constitution in Sri Lanka

Authors: Sanduni Wickramasinghe;

Constitutional Supremacy: To Be or Not to Be? A Commentary on the Role of the Judiciary in Preserving the Supremacy of the Constitution in Sri Lanka

Abstract

Over the years the constitutionalism has taken the center of all public, political and academic discourse in Sri Lanka since the inception of the second republican constitution in 1978. This paper strives to analyse the expansion of the constitutional democracy in light of executive, judicial and legislative action in order to ascertain the role of each arm of the government in preserving the supremacy of the constitution. The article proceed to observe the expansion of judicial scrutiny of executive action under the ambiguous nature of the fundamental rights chapter of the 1978 Constitution, and in particular the Article on equality. The paper then proceed to examine whether an expansion of judicial scrutiny of the legislature in the same tenor and vigour is permissible under the existing provisions of the 1978 Constituion and if at all the role of the judiciary in Sri Lanka to-date leads to the framing the ultimate question whether constitutional supremacy is to be or not to be.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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