And a possible remedy for it from the U.S. Constitution


[1] Paul Craig Roberts, “World’s apex bully leads world into lawlessness,” Counterpunch, April 13-15, 2012

[2] Professor A. Jeyaratnam Wilson, generally regarded as the leading Sri Lankan political scientist of his generation, and one of the prime consultants on the ’78 Constitution, has said of it, “It is a hybrid, a cross between the French and British styles of government with a little bit of the United States thrown in.”  (A. Jeyaratnam Wilson, The Gaulist System in Asia, Macmillan, London, 1980,  p. xiii)

[3] Article 80(3)

[4] H.R. Hahlo and Ellison Kahn, The British Commonwealth:  The Development of its Laws and Constitutions, South Africa, London, 1965, p. 160

[5] Article 4(c)

[6] Re:  19th Amendment to the Constitution, (2002) 3 SLR 85, p.97

[7] Ibid, p.99-100

[8] Ibid, p. 99-100

[9] C.F. Strong, Modern Political Constitutions, London, Oxford,  p.215

[10] See, A.V. Dicey, The Law of the Constitution, London, 1908

[11] L.S. Amery, Thoughts on the Constitution, London, Oxford, 1953, p. 21

[12] Ibid, p. 16

[13] Ibid, p.16

[14] A.V. Dicey, The Law of the Constitution, London, 1908, p. 199

[15] Richard Clements and Jane Kay, Blackstone’s Law Questions and Answers, Blackstone’s Press, London, 2001, p. 26

[16] James Madison, Alexander Hamilton and John Jay, The Federalist Papers, (ed. Isaac Kramnick,) Penguin, London, 1987, p.11

[17] Ibid,  p. 320

[18] Article 121(2)

[19] Article 122(1)(c)

[20] Such Bills, even if passed as “Urgent Bills,” can always be repealed by a simple majority in Parliament.

[21] “18th Constitutional Amendment” (Full text of address by Tamil National Alliance Parliamentarian M.A. Sumanthiran on September 8, 2010,)”, September 9, 2012

[22] Article 122(1)

[23] “18th Constitutional Amendment,”, September 9, 2012

[24] Sunil Kumara Rodrigo v. Secretary, Ministry of Defense (1997) 3 SLR 265

[25] “!8th Constitutional Amendment,”, September 9, 2010

[26] “Text of Supreme Court determination on 18th Constitutional Amendment,” , September 11, 2010

[27] Ibid

[28] Ibid

[29] Ibid

[30] Article 82(1)

[31] Article 82(5)

[32] Article 83

[33] Article 123(2)

[34] “Tamil National Alliance,” a conglomerate of Tamil political parties

[35] “Text of Presidential Address by Rajavarothayam Sampanthan at 14th National Convention of ITAK in Batticaloa,”, May 27, 2012

[36] Ibid

[37] Much evidence can be adduced with regard to this matter, but for the moment just one example should suffice.  And it is a classic.  I refer to the “Downing Street Memo,” the leaked minutes of a briefing that Richard Dearlove, the then-head of Britain’s M16 (foreign intelligence service) gave Prime Minister Tony Blair and other top national security advisors regarding his assessment of the Bush Administration’s preparations for war against Iraq.  Dearlove had visited the US and met personally with Administration officials prior to the briefing.  He reported categorically to the Prime Minister, that in his view, with respect to the case for war, “the intelligence and the facts were being fixed around the policy.”  (“Text of the original Downing Street ‘Memo’, as originally reported in The Sunday Times, May 1, 2005),

[38] Report of the Commission of Inquiry on Lessons Learnt and Reconciliation, p. 368