Tweet

Gehan Gunatilleke

18 May, 3 tweets, 2 min read

Just listened to the Speaker delivering the SC's #PortCity determination.

Clauses 3(4), 6(1)(u), 68(1)(f), & 68(3)(a) are inconsistent with Article 76 read with articles 3 and 4 of the Constitution.

They will need a referendum to be enacted into law.

Here are the clauses:

1/

6(1)(u)...

68(3)(a)...

• • •

Missing some Tweet in this thread? You can try to force a refresh

This Thread may be Removed Anytime!

Twitter may remove this content at anytime! Save it as PDF for later use!

More from @GehanDG

Gehan Gunatilleke

@GehanDG

1 Nov 20

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'.

(1/5)

'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.

(2/5)

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.

(3/5)

Read 5 tweets

Share this page!

Gehan Gunatilleke

Try unrolling a thread yourself!

More from @GehanDG

Gehan Gunatilleke

Did Thread Reader help you today?

Like this author's thread?