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SRI LANKA'S PUBLIC TRUST DOCTRINE AS RESPONSIVE JUDICIAL REVIEW?
- Source :
- Hong Kong Law Journal; 2023, Vol. 53 Issue 2, p611-642, 32p
- Publication Year :
- 2023
-
Abstract
- In jurisdictions like Sri Lanka, where judicial review is explicitly prohibited, what is the relevance, ifany, of the arguments about representation reinforcement through responsive judicial review.? What does the Sri Lankan case study reveal about the limits to responsive judicial review in addressing democratic dysfunction? The executive presidency and its aggrandisement in practice and the failure to guarantee equality and the internal right of self-detennination aTe some of Sri Lanka's most challenging constitutional problems. Dinesha Samararatne argues in this article that developments in Sri Lanka offer insights to a different form of judicial engagement, a form which builds on a fundamental value of constitutionalism, that public power must be exercised in trust for the People. [ABSTRACT FROM AUTHOR]
- Subjects :
- PUBLIC trust doctrine
JUDICIAL review
Subjects
Details
- Language :
- English
- ISSN :
- 03780600
- Volume :
- 53
- Issue :
- 2
- Database :
- Supplemental Index
- Journal :
- Hong Kong Law Journal
- Publication Type :
- Academic Journal
- Accession number :
- 172880995