moments

2015

The Reform of Presidentialism
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Asanga's Notes

The January 2015 presidential election saw the victory of the common opposition on a platform that had constitution reform, and in particular the reform or abolition of the executive presidency, as its centrepiece. Notwithstanding various compromises during its drafting, the recently enacted Nineteenth Amendment represents a substantial change for the better in Sri Lanka’s governing arrangements. In the best possible reading, the President no longer commands, but has to work in cooperation with a Cabinet of Ministers that is responsible to Parliament. This can be seen as restoring a semblance of balance to a constitution that had given the presidency overwhelming pre-eminence before. It has reduced the terms of both President and Parliament to five years from the previous six, it has provided that these terms are (more or less) fixed, and it has reintroduced the two-term limit on presidential office. It has made the President’s exercise of power susceptible to the fundamental rights jurisdiction of the Supreme Court. Re-empowered independent commissions would oversee key state services and the Constitutional Council will regulate presidential appointments. Thus the Nineteenth Amendment establishes both a better structural balance between the executive and the legislature, and a substantial framework for de-politicisation. It will have to be seen how well it is implemented.

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Channa's Notes

The removal of some of the spatial relations related to the hyper presidential situation can only be seen as a reduction of the stresses placed on the original foundations and flaws. While this will certainly prolong the life of the structure to a degree, the fundamental flaws existing in the ground continue to exist and are now more that ever visible for all to see. While the grand structure of Presidentialism managed to hide some of the flaws by distraction, what now happens is that the flaws are much more obvious and the dismantling of some of the structures could prove to be difficult and in some situations perhaps impossible. The drawings begin to suggest what the new scenario could look like, but because the fundamental flaws still remain the suggestion may be to strip the structure down to basics and start again by addressing the ground conditions, but even here, instead of the expensive underpinning of the existing structures, it may be more viable to demolish and build anew a structure that addresses all the issues including those of the site.

Sketches

CAd Drawings