The motion is listed to be debated in Parliament this week.
Presidential and Parliamentary Systems of Government Essay
The CoI was established on 9 th January and its final report was handed parliamentary vs presidential to the President on 8 th December Approval of the Cabinet of Ministers was granted to submit the report of the CoI to the Parliament and implement the recommendations of the CoI on 18 t h January The Resolution tabled on 9 th April seeks to obtain parliamentary approval to implement the decisions and recommendations mentioned in Item No. This would include referring decisions and recommendations made by the CoI on the complaints in Item No. It also seeks approval for the dismissal of several cases currently pending in court, undermining the independence of the Judiciary and the rule of law.
If the Resolution were to be passed in Parliament and subsequent action is taken, this would have both legal and political ramifications. In this short note, the Centre for Policy Alternatives CPA makes brief observations on the impact of such a Resolution and subsequent action. At the core of the CoI, SPCoI, and women at point Resolution lies the faulty suggestion that the Judiciary did not arrive at its findings during the time period under purview in parliamentary vs presidential independent and impartial manner.
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This is inimical to both the independent parliamentary vs presidential of the Courts and tribunals, as well as the public trust placed in the legal system. If the findings of the CoI were to be given effect to, the decisions of the Judiciary would be reassessed in a process external to the established Court system. This is an unprecedented step and would violate the sovereignty of the People, whose judicial power shall be exercised through Courts [1]according to the Constitution.
Parliamdntary also notes that this is the latest attempt by the Executive to undermine the work of the Judiciary and this must be robustly countered to ensure each arm of government is able to work independently. Moreover, this would have larger ramifications on the law enforcement and justice sector in general and further politicize entities required to work independently. This action more info open the door to politically motivated action against investigators and prosecutors for carrying out their duties.
This would result in a climate of fear and paralysis among investigators and presidebtial, stifling all current and future investigations involving persons of parliamentary vs presidential influence. This would have an adverse impact on victims and witnesses, who may be deterred from coming parliametary due to fear of reprisal. Furthermore, the impugning of the findings of a competent Court would also be parliamentary vs presidential derogation of fair trial and due process rights which are safeguarded in the Parliamentary vs presidential and upheld by the Courts. Despite seeking to alleviate incidents of political victimization, CPA notes that the CoI itself has become subject to criticisms of politicization. The procedure adopted in arriving at findings of political victimization, its mandate, and findings have been criticized and challenged by several Parliamentarians and others. CPA notes several areas that raise serious attention including due process concerns, acting outside its legal mandate, and reversing almost all judicial findings pertaining to political matters.
This has led to criticisms relating to the politicization of the CoI. Parliamentaey the Resolution tabled were to be passed, regardless of the legal validity of the resolution, the CoI, SPCoI and Parliament would override the judicial process, in violation of the principles of the Separation of Powers and the Rule of Law in a c onstitutional democracy.
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If the Legislature will parliamentary vs presidential able to second-guess and reverse decisions of the Judiciary, this would lead to the undermining of the judiciary as well as the usurpation of the judicial power of the people by the Legislature. Download the full PDF here. Independence of the Judiciary At the core of the CoI, SPCoI, and the Resolution lies the faulty suggestion parliamentary vs presidential the Judiciary did not arrive at its findings during the time period under purview in an independent and impartial manner. Politicization of the Process Despite seeking to alleviate incidents of political victimization, CPA notes that the CoI itself has become subject to criticisms of politicization.
Separation of Powers If the Resolution tabled were to be passed, regardless of the legal validity of the resolution, the CoI, SPCoI and Parliament would override the judicial process, in violation of the principles of the Separation of Powers and the Rule of Law in a c onstitutional democracy. The list below includes the complaints in Item No. Complaints against the investigations of alleged financial irregularities and misappropriation of public funds in the Divi Neguma Department, the Tourism Development Authority, Co-operative Establishment Sathosathe Sri Lankan Embassy in the United States etc. Complaint against click at this page investigation of allegations of cheating and misappropriation against MP Udaya Gammanpila.]
Absurdity what that
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