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| Constitutional Struggle in Sri Lanka | ||
| 作者 | Gomez, Mario (著) |
|---|---|
| 出處題名 | Federal Law Review |
| 卷期 | v.50 n.2 Fall |
| 出版日期 | 2022.06 |
| 頁次 | 174 - 191 |
| 出版者 | Australian National University |
| 出版者網址 | https://www.anu.edu.au/ |
| 出版地 | Canberra, ACT, Australia [坎培拉, 澳大利亞首都特區, 澳洲] |
| 資料類型 | 期刊論文=Journal Article |
| 使用語言 | 英文=English |
| 附註項 | Author Affiliation: International Centre for Ethnic Studies, Sri Lanka. |
| 摘要 | Sri Lanka has alternated between authoritarian politics and constitutional democracy over the past 70 years. For 25 years after independence, the country functioned as a constitutional democracy with regular elections and power alternating between the two main political parties. Since 1972, political elites have used constitution-making as a method of consolidating their hold on political power. In 2015, the 19th Amendment to the Constitution trimmed the powers of the President and provided for a balanced form of power-sharing between executive and legislature. It enhanced the independence of the courts and the fourth-branch institutions. However, these gains were reversed by the 20th Amendment, passed in 2020. Against the backdrop of an intense competition for political power and the manipulation of constitutions to retain power, this contribution discusses three recurring sites of constitutional struggle and debate in Sri Lanka: struggles over presidentialism, power-sharing and the place of Buddhism in the constitution. This paper contends that a return to constitutional democracy will require, at a minimum, a revisitation of the first two issues, even if the third — the place of Buddhism — remains untouched. The paper concludes by arguing that while all three constitutional struggles have a different historical trajectory and different dynamics, they are all part of a larger struggle — the struggle to transform Sri Lanka from a Buddhist-majoritarian state into a plural, multi-ethnic and multi-religious society in law and in practice. |
| 目次 | Abstract 174 Introduction 174 The Struggle Over Presidentialism 177 The Executive Presidency 177 Abolishing the Presidency 178 Incremental Transformation: The 19A 179 Return to Hyper-Presidentialism: The 20A 180 The Struggle Over Power-Sharing 180 Background 180 The Debates Prior to Independence 181 Symmetrical or Asymmetrical Power-Sharing? 182 Unitary, Federal or Ambiguous? 184 Should the North and the East Be Merged into a Single Unit? 185 The Struggle Over Buddhism 186 Reimagining the State and Its Constitutional Identity 188 Acknowledgements 191 |
| ISSN | 0067205X (P); 14446928 (E) |
| DOI | https://doi.org/10.1177/0067205X221100258 |
| 點閱次數 | 47 |
| 建檔日期 | 2024.08.09 |
| 更新日期 | 2024.08.09 |
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