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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19 June 2024
Up to Four Times
The Council of Europe’s requirements for transparency in the process of selecting a national judge for the European Court of Human Rights (ECtHR) should be strengthened. This is the lesson to be learned from the saga of the selection of a Polish judge, lasting now for more than three years. Poland, which has been going through a crisis of the rule of law in recent years, and the ongoing process of its restoration, may serve as an important example. Continue reading >>
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