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A Constitutional Court For Sri Lanka? Perspectives From South Africa

Year of Publication: 2018
Month of Publication: 5
Author(s): Ayesha Wijayalath
Research Area(s): Constitutional and Administrative Law
Name of Working Paper Series:

NUS Centre for Asian Legal Studies Working Paper

WPS Paper Number: CALS-WPS-1807
Abstract:

With the end of Sri Lanka’s civil war and the defeat of an overpowering executive president, constitutional reforms to ensure the supremacy of the constitution and to provide enforceable rights, are currently underway. Establishing a constitutional court remains one of its concerns. Drawing parallels from the common legal heritage and state of transition, this paper explores the institutional design of the South African Constitutional Court and attempts to identify if such design would suit Sri Lanka. The paper discusses in detail the structure and powers and functions of the South African Constitutional Court, in relation to other organs and other courts. The paper equally highlights the significant changes made to the South African Constitutional Court under the 17th Amendment, in the light of which, the paper concludes that the design prior to the amendment, appears more appropriate for Sri Lanka.