You are currently browsing the daily archive for April 19, 2015.

Political Principles 4This is a much misunderstood doctrine, and I fear that ignorance of the principle will lead to reform of the current constitution in a disastrous manner. When there was a pledge to abolish the Executive Presidency, the more unsavoury elements in the UNP immediately declared that it would be replaced by an Executive Prime Ministership.

That is an absurd idea, but I found even Jayampathy Wickremaratne dogmatically declaring that an Act was being prepared to made such a transfer immediately. I argued against this strongly, first on the grounds that it would play straight into the hands of Mahinda Rajapaksa. He, and my friend Dayan Jayatilleka, were arguing that a vote for Maithripala Sirisena would amount to a vote to put Ranil Wickremesinghe in power. Had Jayampathy unveiled his draft Act as he claimed was necessary, the government would have made mincemeat of the opposition campaign.

My second point was I felt even more important, namely that it would be immoral to ask people to vote for Maithripala Sirisena only to transfer power immediately into the hands of someone who would never have been elected on his own merits. It is to Ranil Wickremesinghe’s credit that he recognized this. When I spoke to him shortly before the Sirisena candidature was announced, I confirmed that the Liberal Party would not support Mahinda Rajapaksa, but I added that we could not support Ranil either. The reason I gave was that he simply could not win, and he immediately agreed and said that was why he had tried to persuade President Kumartunga to come forward.

That confirmed my view that Ranil, though able enough with regard to economic discipline, was simply no judge of people – as the appointments he makes testify, culminating in the selection of Tissa Attanayake as General Secretary of the UNP. I told him then that Chandrika would do even worse than he would, and we had to hope for someone more acceptable to the nation to emerge. I think we both knew by then that Maithripala Sirisena would indeed emerge, but we respected confidentiality and left it at that.

What we now have then is ideal, with Maithripala Sirisena as President and Ranil working under him as Prime Minister. But I have realized, from the manner in which the Cabinet has been constituted, that Ranil has thought of electoral considerations first, and this is no way to run a country. It is for that reason that, in the reforms we are engaged in, we must understand basic principles of constitutionality. I therefore present here only the section on the Separation of Powers from my book –

In a few countries, such as the United States, the executive and the legislature are almost wholly independent of each other. This is in accordance with the doctrine of Separation of Powers, put forward by Montesquieu, a political theorist of the eighteenth century. Montesquieu believed that the people would suffer if any one individual or institution had absolute power. Therefore, he advocated that the legislature (the body responsible for making the laws) should function independently from the executive (the body responsible for implementing the laws). These ideas were followed during the drafting of the American Constitution in the 1780s.

 

Sri Lanka, along with many other countries, follows the British model which does not separate the executive from the legislature. In Britain, the king initially had absolute power. He ruled with the help of a cabinet appointed according to his wishes. Gradually however parliament developed a rival authority and it became customary for the king’s first minister to obtain the support of parliament. Then, during the nineteenth century, it was established that the king could not appoint a candidate as prime minister unless he had the confidence of parliament. Now, after a parliamentary election, the monarch invites the leader of the party which has a majority in parliament to form the government.

This in effect means that the prime minister, who runs the executive branch, also controls parliament. Earlier MPs felt that their main responsibility was to the people who had elected them and therefore they often challenged the executive on specific issues, even if they broadly supported it. Now however with allegiance to a party being considered more important than the interests of the nation or the people one represents, even parliamentarians who have no executive position do not normally challenge their party leader when he or she is prime minister. In countries like Sri Lanka, it is almost impossible to question the party members in the executive and remain in the party. Read the rest of this entry »

Advertisements

Rajiva Wijesinha

April 2015
M T W T F S S
« Mar   May »
 12345
6789101112
13141516171819
20212223242526
27282930  
Advertisements
%d bloggers like this: