Thursday Feb 13, 2025
Thursday Feb 13, 2025
Tuesday, 13 November 2018 00:42 - - {{hitsCtrl.values.hits}}
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.
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