Independence of the judiciary, democratic governance, and dismantling of the executive presidency:
the basis for drafting a new constitution By Savitri Goonesekere ( This is an edited version of the transcript of a talk given at a public seminar titled ‘Why should we rally for a new people’s constitution?’, held at the National Library Auditorium on 11 September 2026 and organised by the Young Lawyers’ Association. ) […]
The speaker, Savitri Goonesekere, highlights the importance of understanding constitutionalism and the need for a new people's constitution in her talk at a public seminar. She emphasizes that professionals, such as lawyers, have long articulated concerns for public issues, including the COVID-19 pandemic, as an example of the role of the Bar Association in questioning government actions.
The speaker points out that the current adversarial and confrontational politics can lead to the delegitimization of professionals who raise questions about the government, regardless of their stance. She argues that constitutionalism and constitution-making require bipartisan consensus to be functional and that professionals who voice their concerns cannot be seen as anti-government or lackeys of the government.
Goonesekere further explains that a Constitution serves as the basic law of a country, regulating its governance system, and requiring a framework for governance with institutions and values. She notes that the 20th and 21st centuries have seen the emergence of two main governance frameworks: democracy and centralized power with a single leader.
Democracy focuses on the sovereignty of the people and their rights, while centralized power emphasizes the leader's role in driving economic growth. The speaker then traces the historical development of democracy back to Greek civilisation and the Western Enlightenment, which established the concepts of sovereignty, social contract, and the central importance of the people.
She criticizes the dismissal of democracy by dismissing its historical context and emphasizes that democracy evolved from monarchy and single leadership, replacing it with a system that respects the rights of the sovereign people. The speaker concludes by discussing the two major international treaties from 1948: the Covenant on Civil and Political Rights, which focuses on civil liberties, and the Economic and Social Rights Covenant, which prioritizes social and economic rights.
She points out the shift towards the human rights tradition in the 1990s and the Vienna World Conference on Human Rights.
Written by urgent.news from The Island Sri Lanka's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
