Article 15(7) of the Sri Lankan Constitution provides the constitutional basis for restrictions on fundamental freedoms found in article 14.
The freedom of movement is one of those freedoms.
Article 15(7) provides that restrictions must be prescribed by 'law'.
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The freedom of movement is one of those freedoms.
Article 15(7) provides that restrictions must be prescribed by 'law'.
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'Law' according to article 15(7) includes emergency regulations issued under the Public Security Ordinance (PSO).
The constitutional logic of this inclusion is that, sometimes, fundamental freedoms have to be limited during a public emergency.
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The constitutional logic of this inclusion is that, sometimes, fundamental freedoms have to be limited during a public emergency.
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But regulations under any other law do not seem to fall within article 15(7)'s category of 'law'.
If in doubt, the Supreme Court in Thavaneethan v. Dissanayake clarified that no regulations other than emergency regulations can be used to restrict fundamental freedoms.
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If in doubt, the Supreme Court in Thavaneethan v. Dissanayake clarified that no regulations other than emergency regulations can be used to restrict fundamental freedoms.
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No doubt we are in the midst of a public health emergency, and we should cooperate with all gvt requests.
But there are doubts as to whether regulations under the Quarantine Ordinance (QO) satisfy the conditions of article 15(7).
That's because the QO is not the PSO...
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But there are doubts as to whether regulations under the Quarantine Ordinance (QO) satisfy the conditions of article 15(7).
That's because the QO is not the PSO...
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So it's high time parliament enact a public health emergency law, which can (among a host of other things) *constitutionally* authorize the state to limit the freedom of movement in the interests of public health.
A draft bill is in circulation: dailynews.lk/2020/10/21/pol…
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A draft bill is in circulation: dailynews.lk/2020/10/21/pol…
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