Grasping at Straws: Judicial Review of Legislation in Sri Lanka

ICL Journal ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 281-306
Author(s):  
Danushka S Medawatte
Keyword(s):  
Sri Lanka ◽  
Transitional Justice ◽  
Judicial Review ◽  
Descriptive Analysis ◽  
Executive Power ◽  
Sri Lankan ◽  
Legal Literature ◽  
Justice Process ◽  
Provincial Councils ◽  
The Impact

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.

scholarly journals Theoretical analysis on the convergence of India and China’s interests and their impact on post-conflict Sri Lanka

2018 ◽  
Vol 5 (4) ◽  
pp. 4565-4572
Author(s):  
M.S.H.U. Karunarathne
Keyword(s):  
Sri Lanka ◽  
Theoretical Analysis ◽  
Domestic Politics ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Document Analysis ◽  
Sri Lankan ◽  
Post Conflict ◽  
The Impact ◽  
Conflict Period

Convergence of India-China interests on Sri Lankan context became critical during post conflict period as it provided the platform for these two powerful nations to check and balance their interests. This paper aims at discussing the impact of their interests on post conflict Sri Lanka. The main objective of the study is to theoretically analyze the convergence of Indo-China interests on above context and their impact on Sri Lanka. To achieve aforesaid objectives qualitative approach has been adopted and secondary data is the main type of data obtained from various sources such as books, journal articles, newspapers, government records and other relevant documents available in both printed and electronic versions. Document analysis, theoretical analysis and descriptive analysis are used to analyze data. In document analysis documents are interpreted to give meaning and it collects available data related to the study and interprets them to find out specific issues. Concepts derive from literature review and theoretical analysis helps to develop broader understanding on those issues and collect new knowledge. Descriptive analysis also used in certain areas to provide comprehensive understanding of collected data. The research findings conclude Chinese influence over the other regions seems inevitable with its rise as a global economic and military power which is perceived as a threat by India. India is also trying to match Chinese rise resulting suspicion and fear psychosis among one another’s achievements.  Both are engaged in a competition to achieve goodwill of their neighbors.  Sri Lanka has become convergence point for both India and China due to its strategic importance in the Indian Ocean and it was intensified during post conflict period. Both attempted to attract the post conflict reconstruction projects but China impressed more positively on Sri Lankan policy makers since its aid came with no influences for domestic politics. India raised the issue on reconciliation and power devolution and even supported UN resolution against Sri Lanka. Chinese approach was more peaceful and beneficial for Sri Lanka whereas India

scholarly journals Oral Impact on Daily Performance (OIDP) scale for use in Sri Lankan Adolescents: a cross sectional modification and validation study

2020 ◽  
Author(s):  
Uttara Amilani ◽  
Prasanna Jayasekara ◽  
Irosha R Perera ◽  
Hannah E Carter ◽  
Sameera Senanayake ◽  
...  
Keyword(s):  
Oral Health ◽  
Sri Lanka ◽  
Cultural Adaptation ◽  
Concurrent Validity ◽  
Stage Ii ◽  
Sri Lankan ◽  
Validity Assessment ◽  
Oral Impact ◽  
Bartlett’S Test ◽  
The Impact

Abstract Background Oral Health Related Quality of Life (OHRQoL) measures play an important role in understanding subjective patient experiences in oral health care. The Oral Impact on Daily Performance (OIDP) scale is a validated OHRQoL tool that measures the impact and extent to which an individual’s daily activities may be compromised by their oral health. The aim of this study was to modify and validate a Sinhalese version of the OIDP for use in Sri Lankan adolescents. Methods Stage I involved cultural adaptation of the tool through translation and modification. Stage II involved the exploring factor structure and validity assessment. After translation and cultural adaptation, stage II was conducted among 220 students aged 15-19 in the Gampaha district, Sri Lanka. Participants completed the modified OIDP scale along with questions on self-reported perceived oral health problems and treatment need which were used to assesses the concurrent validity of the modified OIDP scale. Factorability was assessed by inspection of correlation matrix, Kaiser-Meyer-Olkin and Bartlett's Test of Sphericity as a measure of sampling adequacy. An exploratory factor analysis was carried out using Principal Component Analysis (PCA) method and factors were rotated using the oblimin method. Results The Kaiser-Meyer-Olkin measure was 0.87 and Bartlett’s test of Sphericity was significant (p<0.001) Cronbach’s alpha was calculated as 0.88, indicating a high level of internal consistency of the modified OIDP scale. The PCA is produced two factors with Eigen values ranging from 1.12 to 4.40, explaining 70.0% of total variance. Concurrent validity was satisfactory as the OIDP score increased when the adolescents’ perceived oral health decreased. The final modified OIDP consists of eight self-reported items which assesses the impact severity of eight daily performances over past three months. Participant scores ranged from 0 to 24 out of a worst possible score of 40, and nearly 48% of the responders reported at least one impact during past three months. The most prevalent oral health impact related to chewing and enjoying foods, reported by 36.8% of respondents. Conclusion This study suggests that the modified OIDP scale has promising psychometric properties and is appropriate for use among adolescents in Sri Lanka.

The impacts of terrorism on risk perception and travel behaviour of the Dutch market: Sri Lanka as a case study

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rami K. Isaac ◽  
Annika Van den Bedem
Keyword(s):  
Risk Perception ◽  
Sri Lanka ◽  
Travel Behaviour ◽  
Research Process ◽  
Sri Lankan ◽  
Web Based ◽  
Content Type ◽  
Managerial Implications ◽  
The Impact

Purpose This study aims to examine the impact of terrorism on risk perception and travel behaviour of the Dutch market towards Sri Lanka. Design/methodology/approach The research process involved an online self-administered method created with one of the leading research and web-based survey tools called Qualtrics. The questionnaire was filled in by 328 respondents. Findings Findings indicate that Sri Lankan is perceived to be a relatively safe destination. However, the likeliness of visiting the country is unlikely. The respondents with past travel experience (PTE) perceive Sri Lanka to be safer than those without PTE and are more likely to revisit. Male respondents have a higher safety perception of Sri Lanka than women. Most of the respondents see Sri Lanka as an attractive destination and would consider travelling there with children. Research limitations/implications The majority of the respondents are female and aged between 18 to 29 years old. The majority of the respondents’ children were already 19 or older and not accompanying their parents on holiday. This study has managerial implications for Sri Lanka’s tourism board that could work on developing a marketing strategy that focusses on promoting Sri Lanka as a safe destination in combination with all the other unique selling points. Originality/value To the best of author’s knowledge, no analysis has been so far published with a focus on the impact of terrorism on risk perception and attitudes of the Dutch tourist towards Sri Lanka. The aim of this paper is to close the existing gap in the literature and to provide valuable knowledge on the influence of terrorism on risk perception and attitudes of the Dutch tourists’ travel behaviour towards Sri Lanka as a destination.

scholarly journals Languages Speak Reconciliation: An Interdisciplinary Study on the Impact of National Language in Post War Reconciliation Sri Lanka

2022 ◽  
Vol 27 ◽  
pp. 665-679
Author(s):  
Aruna Jayathilaka ◽  
Thisiri Medagama ◽  
Udeshini Panadare ◽  
Prawardhani Menike
Keyword(s):  
Sri Lanka ◽  
Ethnic Groups ◽  
National Language ◽  
Sri Lankan ◽  
Huge Impact ◽  
Post War ◽  
Mixed Approach ◽  
National Languages ◽  
The Impact

The Role of National Language is endorsed in different contexts and it has triggered an inspirited debate within the Sri Lankan political history when its discriminatory nature policies marked a triumph of linguist nationalism. The recognition of the Sinhala language as the only National Language in Sri Lanka and its dominance, drifted both communities apart causing frustration and tension among ethnic groups, which have ultimately culminated in ethnic strife that lasted almost three decades. National Languages, hence wield as a sociopolitical tool that demands a balance among languages, recognition, and policies. Similarly, Sri Lanka, in its path to reconciliation also demands a balance among National Languages, policies, and its recognition among the communities. This study thus explores the Role of National Language in promoting social cohesion and coexistence among ethnic groups to achieve anticipated “Reconciliation” within Sri Lankan social fabric.  The paper draws upon a mixed approach employing qualitative methods, including in-depth interviews. Data were gathered from interviewing 20 undergraduates from the Faculty of Social Sciences and Languages at the Sabaragamuwa University of Sri Lanka. Data were coded and analyzed using thematic analysis.   Findings revealed that the recognition of National languages in their due status will make a huge impact on fostering reconciliation within Sri Lankan Society. It is further not to be confused with the Link Language as a National Language since its duty in social integration is relatively limited in the cases where the understanding of cultural, traditional, and historical attributes of an ethnic community is more pronounced especially in grappling with attitudinal problems inherited within ethnic communities.

scholarly journals The Issue of Education in Post-Conflict Reconstruction through the Transitional Justice Process: The Case of Côte D’Ivoire

2020 ◽  
Vol 3 (4) ◽  
pp. p141
Author(s):  
ASSAMOI Seraphim Desire
Keyword(s):  
Cote D'ivoire ◽  
Transitional Justice ◽  
Côte D’Ivoire ◽  
Cote D’Ivoire ◽  
Reconstruction Process ◽  
National Education ◽  
Post Conflict ◽  
Côte D'ivoire ◽  
Justice Process ◽  
The Impact

The inclusion of education in post-conflict reconstruction in a transitional justice process goes far beyond physical construction and educational facilities to become part of national educational planning and policy. The issue of education in post-conflict periods is at the level of the national education system in general and of educational policies and strategies in particular. In Côte d’Ivoire, as in other countries emerging from violent conflict, even if the issue of education can be identified in the structural and direct causes of the occurrence of conflicts, it must be recognized that the impact of these conflicts on education remains considerable at different levels. Thus, taking account of its consequences in post-conflict reconstruction in the context of transitional justice is of great interest both for its contribution to economic growth and for the promotion of fundamental human rights and social cohesion. A full involvement of education in the transitional justice process is a real potential for mutual reinforcement in the reconstruction process. Practical synergies between education and transitional justice call for closer collaboration between education and transitional justice actors.

scholarly journals Improving the Policy Utility of Cause of Death Statistics in Sri Lanka: An Empirical Investigation of Causes of Out-of-Hospital Deaths Using Automated Verbal Autopsy Methods

2021 ◽  
Vol 9 ◽  
Author(s):  
Lene Mikkelsen ◽  
Sunil de Alwis ◽  
Sridharan Sathasivam ◽  
Vindya Kumarapeli ◽  
Ajith Tennakoon ◽  
...  
Keyword(s):  
Sri Lanka ◽  
Cause Of Death ◽  
Health Workers ◽  
Policy Formulation ◽  
Sri Lankan ◽  
Public Health Policies ◽  
Chronic Respiratory Diseases ◽  
Policy Debates ◽  
Hospital Deaths ◽  
The Impact

Background: Setting public health policies and effectively monitoring the impact of health interventions requires accurate, timely and complete cause of death (CoD) data for populations. In Sri Lanka, almost half of all deaths occur outside hospitals, with questionable diagnostic accuracy, thus limiting their information content for policy.Objectives: To ascertain whether SmartVA is applicable in improving the specificity of cause of death data for out-of-hospital deaths in Sri Lanka, and hence enhance the value of these routinely collected data for informing public policy debates.Methods: SmartVA was applied to 2610 VAs collected between January 2017 and March 2019 in 22 health-unit-areas clustered in six districts. Around 350 community-health-workers and 50 supervisory-staffs were trained. The resulting distribution of Cause-Specific-Mortality-Fractions (CSMFs) was compared to data from the Registrar-General's-Department (RGD) for out-of-hospital deaths for the same areas, and to the Global-Burden-of-Disease (GBD) estimates for Sri Lanka.Results: Using SmartVA, for only 15% of deaths could a specific-cause not be assigned, compared with around 40% of out-of-hospital deaths currently assigned garbage codes with “very high” or “high” severity. Stroke (M: 31.6%, F: 35.4%), Ischaemic Heart Disease (M: 13.5%, F: 13.0%) and Chronic Respiratory Diseases (M: 15.4%, F: 10.8%) were identified as the three leading causes of home deaths, consistent with the ranking of GBD-Study for Sri Lanka for all deaths, but with a notably higher CSMF for stroke.Conclusions: SmartVA showed greater diagnostic specificity, applicability, acceptability in the Sri Lankan context. Policy formulation in Sri Lanka would benefit substantially with national-wide implementation of VAs.

scholarly journals Critical analysis of lecturer’s perception on integrating concepts of sustainability in university curricular

2020 ◽  
Vol 1 (3) ◽  
pp. 109-121
Author(s):  
Anupama Gunawardana ◽  
F.R. Arooz ◽  
A. Peramunugamage ◽  
R.U. Halwatura
Keyword(s):  
Higher Education ◽  
Sri Lanka ◽  
Online Survey ◽  
Tertiary Education ◽  
Descriptive Analysis ◽  
Sri Lankan ◽  
Microsoft Excel ◽  
University Curriculum ◽  
Near Future ◽  
Integrated Sustainability

Purpose of the study: The growing emphasis on incorporating sustainability concepts in tertiary education have lead higher education institutions in developing countries to infuse sustainability content into their curricula.  The wider purpose of this study is to promote the integration of sustainability concepts within Sri Lankan Universities. The study uncover and presents the perception of university academics on integrating sustainability in higher education. Methodology: An online-survey was carried out in the month of January, 2019 in University of Moratuwa, Sri Lanka across four faculties; engineering, architecture, information and technology and business. A descriptive analysis was employed to present the perceptions of the respondents according to different faculties. The obtained data were analyzed using Microsoft excel.  Main Findings: Results revealed, 46.93% have already integrated sustainability concepts while 59.18% are willing to integrate in near future. 80% have perceived that university curriculum should improve according to country’s need while providing particular trainings. 60% felt that knowledge and skills on ICT should be developed and adequate human resources should be deployed prior to incorporate sustainability concepts. Applications of this study: This study is aimed to identify models for mainstreaming sustainability concepts across tertiary education in Sri Lanka. Novelty/Originality of this study: Analysing the perception of univeristiy lecturers on incorporating sustainability concepts acroos university curricular, has never conducted in a Sri Lankan university. This is manily conducted to identify the gaps pertaining on intergrating sustainability concepts across university curricular and to identify the barriers exciting for education for sustainable development in Sri Lankan context.    

scholarly journals Not your mother’s culture : second generation Tamil women negotiating trauma and identity through art

2021 ◽  
Author(s):  
Ann Satkunam
Keyword(s):  
Civil War ◽  
Sri Lanka ◽  
Key Words ◽  
Young Women ◽  
Second Generation ◽  
Research Paper ◽  
Sri Lankan ◽  
The Impact ◽  
Tamil Diaspora ◽  
Tamil Women

This research paper focuses on the Tamil diaspora community in Canada that developed in the aftermath of the Civil War in Sri Lanka. This paper explores the impact of trauma on children of survivors, and how daughters in particular navigate these traumas. Furthermore, this paper analyzes how young women bear the trauma differently from their male counterparts, as women tend to be seen as carriers of culture. These ideas of women as carriers of culture do not afford Tamil women agency—instead they are left without choice in certain situations. Ultimately, this paper explores if art can be used as a mechanism to release the burden women feel. It uses the interview of eight Tamil women to understand their complex narratives, and to see if they use art as a means to reclaim agency. Key words: Diaspora, Sri Lankan, Art, Second-Generation Tamil Women, Identity, Cultural Purity

scholarly journals IMPACT OF MACHINE TRANSLATION ON UNIVERSITY STUDENTS’ TRANSLATION ABILITY: SOUTH EASTERN UNIVERSITY OF SRI LANKA AS A MODEL

2021 ◽  
Vol 3 (2) ◽  
pp. 121-127
Author(s):  
M.S. Zunoomy ◽  
F.H.A. Shibly
Keyword(s):  
Sri Lanka ◽  
Machine Translation ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Arabic Language ◽  
Primary Data ◽  
South Eastern ◽  
Text Understanding ◽  
Unknown Words ◽  
The Impact

Machine Translation (MT) is a unique tool in the field of translation. It is used all over the world. In accordance with, the undergraduates who are following Specialization in Linguistics and Translation at the department of Arabic language from South Eastern University of Sri Lanka face obstacles when they translate between Tamil, English & Arabic. Due to, they focus on MT to translate. According to this, the current research aims to identify the impact of MT on their translation activities. This research uses the descriptive analysis methodology. Primary data were collected from observation and questionnaire that was given to the undergraduates who are following Specialization in Linguistics and Translation at the department of Arabic language from South Eastern University of Sri Lanka in the academic year 2018/2019. Secondary data were gathered from research papers, books, research articles, and websites. The findings of this research declares that the undergraduates in the selected area have desires in the translation field and face the obstacles when translating. Thus, they try to use MT for getting accurate translation, idea of the source text, understanding the unknown words. Due to it, they couldn’t omit the MT in their translation activities. Because, it is easy to use and helps to save the time. At the time, they assume that non-use of MT will effect negatively in their translation ability.

Post-Communist Transitional Justice in Albania

2008 ◽  
Vol 22 (2) ◽  
pp. 373-401 ◽  
Author(s):  
Robert C. Austin ◽  
Jonathan Ellison
Keyword(s):  
Political Culture ◽  
Transitional Justice ◽  
Historical Context ◽  
Communist Regime ◽  
Successful Implementation ◽  
The Balkans ◽  
Justice Process ◽  
Communist Past ◽  
The Impact ◽  
Political Scene

The article provides a detailed and informative account of the transitional justice process in Albania and examines the logic behind the initiation of lustration process. Describing the accurate historical context of the country's communist past, the authors explain the factors that prevented the successful implementation of the post-communist transitional justice in Albania, such as its political culture, the impact of the communist regime, and most importantly, the lack of political will from Albanian political leadership to break away from its communist past. A pioneer in initiating transitional justice laws in the Balkans in the early nineties, Albania failed to successfully implement them, as the leadership saw the lustration process as a political means to crush the opposition and consolidate its power. The article explains that transitional justice process in Albania became highly politicized and was used by politicians for political gains, which ultimately led to loss of trust from general public failing to detach the Albanian political scene from its communist past.

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