Sri Lanka’s Constitutional Council: A Bridge Between Branches
The Sri Lankan Constitutional Council occupies a unique space within the country’s government structure. Unlike many government bodies that fall neatly under the Executive or Legislative branches, the Council’s functions and composition create a bridge between these two pillars.
Debates on its Classification
This ambiguity around the council’s placement has sparked debate. Proponents of its affiliation with the Executive point to its establishment within the Constitution’s Executive chapter and its role in assisting the President with certain decisions, as evidenced by the President’s Media Division [1]. Further strengthening this argument is the fact that the President appoints key Council members, albeit with the Speaker of Parliament as Chair.
Arguments for the Legislative Side
However, the Speaker’s involvement lends significant weight to the argument for a legislative connection. Additionally, some see the Council’s role in vetting presidential appointments as a check on executive power, a function aligning with the Legislature’s role in balancing power [2]. The Tamil Guardian, citing an opposition party, exemplifies this viewpoint [2].
Independent Function for Fair Appointments
Ultimately, the Council operates with a degree of independence, aiming to ensure appointments to crucial public institutions are conducted fairly and without political influence.
Global Comparison of Constitutional Bodies
This approach by a semi-independent body isn’t unique. Examining how other countries address similar functions reveals a spectrum of approaches:
- Independent Bodies: France’s Constitutional Council acts independently of both branches, reviewing laws for constitutional compliance https://www.conseil-constitutionnel.fr/en.
- Independent Courts: Germany’s Federal Constitutional Court, similar to a Council, safeguards the Constitution but falls under the judiciary https://en.wikipedia.org/wiki/Federal_Constitutional_Court.
- Judicial Branch Review: The US system utilizes the Supreme Court, within the judiciary, to perform judicial review, assessing the constitutionality of laws passed by the Legislature https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States.
Conclusion
Sri Lanka’s Constitutional Council serves as a fascinating example of bridging the gap between the Executive and Legislature. While offering a degree of independence, it remains involved in some executive decisions. This unique structure reflects the ongoing need for checks and balances within a government system.
