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SRI LANKA'S PUBLIC TRUST DOCTRINE AS RESPONSIVE JUDICIAL REVIEW?

Authors :
Samararatne, Dinesha
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]

Details

Language :
English
ISSN :
03780600
Volume :
53
Issue :
2
Database :
Supplemental Index
Journal :
Hong Kong Law Journal
Publication Type :
Academic Journal
Accession number :
172880995