Developmental Role and Financing of Sub-National Units of Government: The Case of Provincial Councils in Sri Lanka

Author(s):  
W. D. Lakshman
ICL Journal ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 281-306
Author(s):  
Danushka S Medawatte

AbstractIn this paper, I attempt to examine the evolution of judicial review of legislation in Sri Lanka with a view to better understanding how it has impacted the democratic fabric and constitutional matrix of Sri Lanka. The impact that judicial review of legislation has had on rights jurisprudence, enhancement of democracy, prevention of persecution against selected groups are analysed in this paper in relation to the Ceylon Constitutional Order in Council of 1946 (‘Soulbury’ Constitution) and the two autochthonous constitutions of Sri Lanka of 1972 and 1978. The first part of the paper comprises of a descriptive analysis of judicial review of legislation under the three Constitutions. This is expected to perform a gap filling function in respect of the lacuna that exists in Sri Lankan legal literature in relation to the assessment of the trends pertaining to judicial review of legislation in Sri Lanka. In the second part of the paper, I have analysed decided cases of Sri Lanka to explore how the judiciary has responded to legislative and executive power, and has given up or maintained judicial independence. In this respect, I have also attempted to explore whether the judiciary has unduly engaged in restraint thereby impeding its own independence. The third part of the paper evaluates the differences in technique and stance the judiciary has adopted when reviewing draft enactments of the national legislature and when reviewing draft or enacted statutes of Provincial Councils. From a comparative constitutional perspective, this assessment is expected to provide the background that is essential in understanding the island nation’s current constitutional discourse, transitional justice process, and its approach to human rights.


Subject Outook for Sri Lanka's opposition ahead of a parliamentary election. Significance President Gotabaya Rajapaksa on March 2 dissolved parliament and called a parliamentary election for April 25. Interim Prime Minister Mahinda Rajapaksa, Gotabaya’s brother, will be aiming to return to power. The main challenge to the pro-Rajapaksa alliance, the Sri Lanka Nidahas Podujana Sandanaya (SLNPS), is set to come from an alliance formed by members of the opposition United National Party (UNP), the Samagi Jana Balawegaya (SJB). Impacts Concerns over COVID-19 are unlikely to disrupt the election. The SJB will likely win more votes in the north and east, where ethnic Tamil voters are concentrated, than in the south and west. Elections for provincial councils will probably be held after the parliamentary poll.


Author(s):  
N. Piyuji Rasanja Mendis

The objective of the study is to examine the states of legislative devolution in Sri Lanka under present constitution of 1978. The ‘Indo-Lanka Accord’ committed Sri Lanka to establish a system of devolution to Provincial Councils (PCs). Consequently with the aim of devolving power, the PCs were established in each of the nine Provinces of Sri Lanka under the Thirteenth Amendment to the Constitution. In a system where devolution of power exists, power is divided between the national and sub national level. In case of Sri Lanka such a division takes place between the central government which is the government at national level and the provincial council which is the government at sub national level. The legislation is the framework by which governments of whatever persuasion seek to achieve their purposes. Under a truly devolved system, the unit to which the power is devolved can exercise its autonomy in the implementation of the devolved functions. This autonomy should have been ensured, in the PC system as expected in the 1987 Indo-Lanka Agreement. It was found that the PCs are elected bodies which were given power to pass statutes applicable to their respective Provinces, with regards to certain specified matters. The legislative power of the PCs is not exclusive theirs. Issues related with legislative power also contributed to the weak capacity basis of the Provincial Council.


2015 ◽  
Vol 21 ◽  
pp. 114-115
Author(s):  
Kavinga Gunawardane ◽  
Noel Somasundaram ◽  
Neil Thalagala ◽  
Pubudu Chulasiri ◽  
Sudath Fernando

Crisis ◽  
2010 ◽  
Vol 31 (1) ◽  
pp. 30-35 ◽  
Author(s):  
Sudath Samaraweera ◽  
Athula Sumathipala ◽  
Sisira Siribaddana ◽  
S. Sivayogan ◽  
Dinesh Bhugra

Background: Suicidal ideation can often lead to suicide attempts and completed suicide. Studies have shown that Sri Lanka has one of the highest rates of suicide in the world but so far no studies have looked at prevalence of suicidal ideation in a general population in Sri Lanka. Aims: We wanted to determine the prevalence of suicidal ideation by randomly selecting six Divisional Secretariats (Dss) out of 17 in one district. This district is known to have higher than national average rates of suicide. Methods: 808 participants were interviewed using Sinhala versions of GHQ-30 and Beck’s Scale for Suicidal Ideation. Of these, 387 (48%) were males, and 421 (52%) were female. Results: On Beck’s Scale for Suicidal Ideation, 29 individuals (4%) had active suicidal ideation and 23 (3%) had passive suicidal ideation. The active suicidal ideators were young, physically ill and had higher levels of helplessness and hopelessness. Conclusions: The prevalence of suicidal ideation in Sri Lanka is lower than reported from the West and yet suicide rates are higher. Further work must explore cultural and religious factors.


Crisis ◽  
2002 ◽  
Vol 23 (3) ◽  
pp. 104-107 ◽  
Author(s):  
Murad M. Khan

Summary: The Indian subcontinent comprises eight countries (India, Pakistan, Bangladesh, Nepal, Sri Lanka, Afghanistan, Bhutan, and the Maldives) and a collective population of more than 1.3 billion people. 10% of the world's suicides (more than 100,000 people) take place in just three of these countries, viz. India, Sri Lanka, and Pakistan. There is very little information on suicides from the other four countries. Some differences from suicides in Western countries include the high use of organophosphate insecticides, larger numbers of married women, fewer elderly subjects, and interpersonal relationship problems and life events as important causative factors. There is need for more and better information regarding suicide in the countries of the Indian subcontinent. In particular, studies must address culture-specific risk factors associated with suicide in these countries. The prevention of this important public health problem in an area of the world with myriad socio-economic problems, meager resources, and stigmatization of mental illness poses a formidable challenge to mental health professionals, policy makers, and governments of these countries.


1998 ◽  
Vol 53 (7) ◽  
pp. 771-777 ◽  
Author(s):  
John D. Rogers ◽  
Jonathan Spencer ◽  
Jayadeva Uyangoda

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