The rule of law and the separation of powers

The rule of law has been considered as one of the key dimensions that determine the quality and good governance of a country. In France and Germany the concepts of rule of law Etat de droit and Rechtsstaat respectively are analogous to the principles of constitutional supremacy and protection of fundamental rights from public authorities see public lawparticularly the legislature. In all public activity, the law shall be strictly observed.

The rule of law and the separation of powers

The rule of law and the separation of powers We want civilian rule…. It is not necessary to continue in that high-handed fashion. We are not going to achieve any reconciliation if it goes on like this. Coming to the Rule of Law, I want to read A. These books are available in the library…those of you who can read, can read these things!

And this is what it says — the principle of the rule of law: It may be traced back to the medieval notion that law, whether it be law ordained by God or by man, ought to rule the world.

It says, that is a fundamental principle — the Rule of Law. Several mentions have been made in this House in the last couple of weeks with regard to the sovereignty of the people.

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In our Constitution the people are sovereign. It is not the Parliament that is sovereign.

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It is the people who are sovereign. This is different to the British concept…it is a British concept that the Parliament is sovereign.

In this country also we have the legislative supremacy of Parliament… there is no supremacy of Parliament. Not even in England, now. A hundred years ago that concept went out. In the 8th edition of A. The situation has changed. But in Sri Lanka, in the Constitution, we did have the notion of Parliamentary supremacy or the legislative supremacy of Parliament.

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In the Constitution, for the first time, the issue of referendum was introduced. In our Constitution we have two concepts: Even in England, the concept of legislative supremacy came about through interpretation of Courts. In our Constitution, in Article it has been very clearly laid out that it is only the Judiciary, and that too only the apex court, the Supreme Court, that has the sole and exclusive jurisdiction to interpret the Constitution.

It was brought in because the powers of Parliament were limited. You can change it only by additionally going directly to the people and getting their consent at a referendum.

That is why we have these entrenched clauses in the Constitution. You have to go directly to the people because the people are sovereign, not Parliament.

People have delegated their sovereignty to be exercised by three modes of governance and one has been given to Parliament, the other has been given to the President…the President has also been elected directly by the people but that does not mean that the Executive is supreme.The rule of law is "The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes".

The phrase "the rule of law" refers to a political situation, not to any. The Illinois Religious Freedom Protection and Civil Union Act went into effect on June 1, , making civil unions legal in the state of Illinois.

The rule of law and the separation of powers, The issue relating to military rule is one of great concern to us.

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We don’t want military rule in any part of the country, be it LTTE rule or even Sri Lankan Army rule. We want civilian rule. Whenever the offense inspires less horror than the punishment, the rigor of penal law is obliged to give way to the common feelings of mankind.

As James Madison wrote in The Federalist # “The accumulation of all powers, legislative, executive, judiciary may justly be pronounced the very definition of tyranny.” Unfortunately, much of our citizenry is ignorant of the concept of separation of powers.

Separation of Powers: Its Scope And Changing Equations: There are three distinct activities in every government through which the will of the people are expressed.

The rule of law and the separation of powers

These are the legislative, executive and judicial functions of the government. Corresponding to these three activities are three organs of the government, namely the legislature, the executive and the judiciary.

Annenberg Classroom - The Role of the Courts