24 January 2025
Sri Lanka’s Constitutional Council Comes Into Its Own
2024 was full of landmark decisions, and the Supreme Court of Sri Lanka ended the year with another one for the history books. In Pathirathne v Abeywardena and others, the court dealt with the controversial issue of the constitutional council’s refusal to approve the president’s nomination of a judge to the Supreme Court. This was the first case seeking review of a decision of the constitutional council. I argue that the decision is significant because the court affirms the council’s role in securing judicial independence, overrules (by implication) previous remarks on the council’s purpose, and strengthens the culture of inter-branch accountability. Continue reading >>
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06 October 2024
Thinking Outside the (Ballot) Box
The Election Commission of Sri Lanka is riding a wave of praise after completing a peaceful presidential election on 21st September 2024. Less than a month before, however, the commission was found responsible for a breach of fundamental rights for its failure to conduct local government elections scheduled for 2023. This blogpost argues that the landmark decision sends a strong signal to all guarantor institutions in Sri Lanka to maintain their independence and to use their powers to discharge their functions. Continue reading >>
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22 December 2023
Sri Lanka’s Economic Crisis Before the Supreme Court
On 14th November 2023, the Supreme Court of Sri Lanka issued a landmark decision holding several high-ranking executive officials responsible for the economic crisis of 2021-2022. This was widely regarded as the worst economic crisis the country had experienced post-independence; it manifested itself in a rapid depreciation of the currency, dramatic shortages of fuel which saw vehicles in mile-long queues at fueling stations, and rolling electricity cuts throughout the island. In mid-2022, two petitions were filed in the Supreme Court alleging that several officials named as respondents were responsible for this economic crisis. In this blogpost, I argue that the court’s decision has significant implications for the scope of the fundamental rights jurisdiction, and for the court’s potential role in future controversies. Continue reading >>
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