
doi: 10.2139/ssrn.3175735
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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