1978 andukramaya janadipathi iwath kirima скачать в хорошем качестве

1978 andukramaya janadipathi iwath kirima

1978 Nature of the Legislative Powers of Parliament  Parliament is not the sole organ of exercising sovereignty of the people. The constitution had provided that legislative power of the people can be exercised by parliament, which is composed of the elected representatives of the people, as well as directly by the people at a referendum. LegislativePower of Parliament According to Article 75, Parliament has powers to enact (a) laws, including retrospective laws (that is, laws applicable to the past), (b) laws to repeal and amend any provision of the Constitution, and (c) laws to add new provisions to the Constitution. However, Parliament cannot enact laws that cause the suspension of the Constitution in part or in full. Neither canitenact laws to abrogate the constitution without enacting a new constitution. On the issue of the position of parliament in relation to the state structure, there is a difference between the 1972 and 1978 Constitutions. The 1972 Constitution, in Article 5, had enacted that the National State Assembly (Parliament) was the ‘supreme institution of state power of the Republic” embodying the legislative, executive and judicial powers of the people.” Under the 1978 Constitution, executive powers of the people is exercised by the President, and not vested in Parliament. Similarly, parliament is not given the constitutional status of the ‘supreme institution of state power of the Republic.” It is because of the centrality of the office of the President in the state structure created by the 1978 Constitution. Every Bill that is proposed to be included in parliamentary agenda needs to be published in the gazette for the public to know about it. When aBill is approved by MPs after the voting, the Speaker is required to issue a certificate that the law has been dully passed by Parliament. In case of laws that require special majority of the members of Parliament, the Speaker is obliged to certify that the required majority has given the consent to the Bill. The Bills passed by parliament becomeActs or law only after the certification issued by the Speaker by signing the certificate. After the Speaker’s certification, law’s validity cannot be questioned. According to Article 80 (3), “no court or tribunal shall inquire into, pronounce upon or in any manner call in question, the validity of such Act on any ground what so ever.” This clause represents the principle of ‘legislative sovereignty of parliament’ first incorporated into the first Republican Constitution of 1972. It also effectively excludes the principle of judicial review of legislation from Sri Lanka’s constitutional doctrine. If any Act or any provision of anAct requires the consent of the people at Referendum, the Speaker must mention it in his certificate. In such occasions, the Act becomes law only after the certificate given by the President that the relevantAct has been approved by the people of the country at a Referendum. The President, who is the Head of the Executive, is not a member of Parliament. However, the 1978 Constitution gives the President legislative powers as well. This is a departure from the 1972 Constitution.  The President participates in the preparation of legislative bills which are to be deliberated and approved in Parliament. He/She does so in his/her capacity as both the Head of the Cabinet and alsoamember of it. It is the President who initiatesBills. It is also the President who seeks the opinion of the Supreme Court on the constitutionality of proposed Bills. Further, President hasthepower to take part in the debates in Parliament.  It is also the Presidentwho has the sole power to call aReferendum for the approval of any bill passed by the 2/3 majority, if it requires the approval of the people. Accordingly, President can call for Referendum on (a) ABill that requires the approval of the people at a Referendum besides the 2/3 majority in parliament. (b) Bills that do not seek to amend the Constitution and yet rejected by Parliament.(c) Any matter of national interest, as deemed bythe President.  Consequently, the President can strategically bypass Parliament and directly seek the approval of the people for his/her policies. This situation results in enhancing the legislative power of the President and conversely weakening of the authority of Parliament