We the undersigned, note with concern, the methods by which the Constitution of Sri Lanka is being interpreted to justify the appointment of a purported Prime Minister on 26 October, a Cabinet of Ministers and the dissolution of Parliament thereafter.
As members of the legal profession who practice and/or teach law, we wish to recall that each of us has a responsibility to uphold the rule of law, respect for fundamental rights and promote justice in carrying out our professional responsibilities.
Making selective references to provisions of the Constitution to justify the actions and/or intended actions of the President in complete disregard of fundamental rules of constitutional interpretation is contrary to our professional ethics. It has the effect of confusing and misleading the public. The public look to professionals in forming their opinion, particularly at times such as this.
The law as a discipline recognises that it is possible in many instances to adopt different and even contrasting interpretations. The current discussions regarding the constitutionality of the actions and intended actions of the President since the 26 October however do not involve constitutional provisions that lead to such contrasting interpretations. Even if contrasting interpretations of constitutional texts are possible, the Law requires that the interpretation that promotes the rule of law, democracy and fundamental rights be adopted.
The Constitution is not a mere document that can be interpreted at will or according to its black letter meaning. Rather, the Constitution must be interpreted within the spirit of constitutionalism, and with utmost regard to fundamental norms of a constitutional democracy.
We owe a duty to the public to be honest in our interpretations of the Constitution and that we refer to all the relevant provisions – demonstrating professionalism, integrity and decency. Lawyers making interventions in the public domain on matters that are decisive in determining the future of Sri Lanka’s constitutional democracy, have a responsibility to bear these ethical and professional obligations in mind.
- Dinusha Abeyesundere, Attorney-at-Law
- Mohamed Adamaly, Attorney-at-Law
- Geoffrey Alagaratnam, PC
- Shermila Antony, Attorney-at-Law
- Kaushalya Ariyarathne, Attorney-at-Law
- Vijula Arulanantham, Attorney-at-Law
- Sarah Arumugam, Attorney-at-Law
- Nirosha Babapulle, Attorney-at-Law
- Prasansani Bandaranayake, Attorney-at-Law
- S A Beling, Attorney-at-Law
- Viran Corea, Attorney-at-Law
- Dr Sunil Cooray, Attorney-at-Law
- Johann Corera, Attorney-at-Law
- Shalomi Daniel, Attorney-at-Law
- Shiloma David, Attorney-at-Law
- Chanaka de Silva, Attorney-at-Law
- Rhadeena de Alwis, Attorney-at-Law
- Sarita de Fonseka, Attorney-at-Law
- Rohan Dunuwille, Attorney-at-Law
- Ameer Faaiz, Attorney-at-Law
- Inshira Faliq, Attorney-at-Law
- Bhavani Fonseka, Attorney-at-Law
- B Gowthaman, Attorney-at-Law
- Luwie Ganeshathasan, Attorney-at-Law
- Lasantha Y Garusinghe, Attorney-at-Law
- C Ranitha Gnanarajah, Attorney-at-Law
- Sankhitha Gunaratne, Attorney-at-Law
- Radika Gunaratne, Attorney-at-Law
- Gehan Gunatilleke, Attorney-at-Law
- MAM Hakeem, Attorney-at-Law
- Lakmali Hemachandra, Attorney-at-Law
- Roshaan Hettiaratchi, Attorney-at-Law
- Mokshini Jayamanne, Attorney-at-Law
- Uween Jayasinha, Attorney-at-Law
- Pamoda Jayasundera, Attorney-at-Law
- Kishani Jayasooriya, Attorney-at-Law
- Shamalie Jayatunge, Attorney-at-Law
- Priyadarsheni Jesudason
- Azra Jiffry, Attorney-at-Law
- Diloka Kamalgoda, Attorney-at-Law
- Upul Kumarapperuma, Attorney-at-Law
- Javed Mansoor, Attorney-at-Law
- Rasika Mendis, Attorney-at-Law
- Vidya Nathaniel, Attorney-at-Law
- Harindi Palkumbura, Attorney-at-Law
- Ruvini Perera, Attorney-at-Law
- Champika Perera, Attorney-at-Law
- Binendri Perera, Attorney-at-Law
- Thiagi Piyadasa, Attorney-at-Law
- Sanjayan Rajasingham, Attorney-at-Law
- Dhanushka Rajaratnam, Attorney-at-Law
- Nirusha Ranjitkumar Ratnatunga, Attorney-at-Law
- Shalini Samarakkody, Attorney-at-Law
- Aruna Samarajewa, Attorney-at-Law
- Dr Dinesha Samararatne, Attorney-at-Law
- Dr Kalana Senaratne
- Harindi Seneviratne, Attorney-at-Law
- Sharya Scharenguivel (Former Professor of Law)
- Ermiza Tegal, Attorney-at-Law
- Sushmitha Thayanandan, Attorney-at-Law
- Romali Tudawe, Attorney-at-Law
- S Hamsakanambiha Vamadeva, Attorney-at-Law
- Deanne Uyangoda, Attorney-at-Law
- JC Weliamuna PC
- Dr Asanga Welikala
- Subhashini Weerakkody, Attorney-at-Law
- Thishya Weragoda, Attorney-at-Law
- Thalatha Wcikramasinghe, Attorney-at-Law
- Dr Aritha Wikramanayake, Attorney-at-Law
- Khyati Wikramanayake, Attorney-at-Law
- Eric D Wikramanayake, Attorney-at-Law
- Pubudini Wickramaratne, Attorney-at-Law
- Nishadi Wickremasinghe, Attorney-at-Law
- Shanil Wijesinha, Attorney-at-Law
- V. Yogeswaran, Attorney-at-Law
