Beruflich Dokumente
Kultur Dokumente
on
judgements
by
Court
of
Appeal
and
Supreme
Court
on
impeachment
process
of
Chief
Justice
8
January
2013,
Colombo,
Sri
Lanka:
The
Centre
for
Policy
Alternatives
(CPA)
welcomes
the
judgment
of
the
Court
of
Appeal
quashing
the
decision
of
the
majority
of
members
of
the
Select
Committee
of
Parliament
delivered
on
7th
January
2011,
and
the
determination
of
the
Supreme
Court
issued
last
week
in
respect
of
the
question
of
constitutional
interpretation
referred
to
it
by
the
Court
of
Appeal.
The
determination
of
the
Supreme
Court
held
that
the
investigation
and
proof
of
charges
brought
against
a
judge
in
an
impeachment
motion
must
be
exercised
by
a
body
established
by
an
Act
of
Parliament,
and
not
by
one
established
by
Standing
Orders
of
Parliament.
The
Court
further
held
that
matters
concerning
the
mode
of
proof,
burden
of
proof
and
standard
of
proof
relating
to
the
charges
in
an
impeachment
motion
must
also
be
specified
by
legislation.
The
Courts
robust
defense
of
the
immutable
Republican
principle
of
the
independence
of
the
judiciary,
and
its
reiteration
of
the
fundamental
importance
of
the
rule
of
law
underpin
its
interpretive
arguments.
For
this
reason,
the
determination
represents
an
important
precedent
for
the
supremacy
of
constitutional
values
over
claims
of
parliamentary
immunity.
Moreover,
by
asserting
the
jurisdiction
to
review
the
legality
of
Standing
Orders
that
affect
the
rights
of
citizens,
the
determination
decisively
rejects
the
notion
that
Parliament
is
supreme.
The
idea
of
parliamentary
supremacy
is
as
much
colonial
being
a
feature
of
English
constitutional
law
as
it
is
obsolete.
The
Courts
determination,
which
emphasizes
the
sovereignty
of
the
people
and
the
supremacy
of
the
constitution,
is
an
important
judicial
reminder
that
the
plausibility
of
constitutional
arguments
must
be
judged
by
reference
to
first
principles
of
constitutionalism,
and
not
inappropriate
invocations
of
unconstitutional
values
and
outdated
doctrines.
Of
more
immediate
relevance,
given
that
questions
over
the
legality
of
the
impeachment
process
against
the
Chief
Justice
have
now
been
settled
definitively
by
the
Supreme
Court
and
Court
of
Appeal,
it
is
imperative
that
all
parties
concerned
comply
with
the
law.
Failure
to
do
so
will
not
only
be
in
open
contempt
of
court,
but
will
also
precipitate
a
dangerous
constitutional
crisis
that
the
country
can
ill
afford.
In
this
respect,
we
are
deeply
concerned
that
the
government
has
taken
steps
to
hold
a
debate
on
the
Resolution
against
the
Chief
Justice.
We
express
our
sincere
hope
that
the
rule
of
law
will
prevail,
and
that
judicial
determinations
will
be
fully
complied
with.
Centre for Policy Alternatives (Guarantee) Limited | 24/2, 28th Lane, off Flower Road, Colombo 7, Sri Lanka Tel: +94 11 2565304-6, 5552746, 5552748 | Fax: +94 11 4714460 | Email: cpa@cpalanka.org | Web: www.cpalanka.org