D. Laksiri Mendis, in Island, 26 November 2018, where the chosen title is “Is the dissolution of parliament legal and legitimate?”
After much consideration, I decided to write this article on the above subject as I have had long years of experience in Constitutional Law, Legislative Drafting and Statutory Interpretation in many parts of the world. At present, I conduct lectures on Legislative Drafting and Statutory Interpretation at the Sri Lanka Law College and draft legislation for various international organizations and statutory boards in Sri Lanka and abroad on a regular basis.
BACKGROUND
1. Since attaining Independence in 1948, Sri Lanka had three Constitutions, namely, Soulbury Constitution 1946, First Republican Constitution 1972 and Second Republican Constitution 1978. All three Constitutions differed very much from one another.
2. Soulbury Constitution adopted the Westminster model of Government and His Majesty King George VI of Great Britain was retained as Head of State. Late Sir Ivor Jennings, who drafted the Soulbury Constitution for Ceylon, incorporated section 29(2) from the Irish Constitution to protect minorities. In the Privy Council Lord Pearce held in Queen vs Liyanage (1965) that the Criminal Law (Special Provisions) Act 1962 ultra vires the Constitution, as the Soulbury Constitution has recognized the doctrine of separation of powers. This case is cited in many Commonwealth countries for constitutional interpretation. Continue reading
