Labour Party lawyer Jagath Karunaratne has described the State’s involvement in the constitutional amendment proceedings in the Supreme Court as “an attack on the rule of law”.
Mr Karunaratne told the Court yesterday the State was seeking to make constitutional change easier, to avoid the obligations of equality in a liberal democracy, and to avoid respecting minority rights when inconvenient.
“It is a retreat to the rule of man,” he said.
Mr Karunaratne gave the warning as he addressed the Court on the constitutional reference brought under section 91(5) of the 2013 Constitution.
He said the State’s push to weaken amendment provisions would strip away entrenched protections and reduce the Constitution to the level of an ordinary Act of Parliament.
“If they succeed in the new legal order, it will be easier for the Government to do as it pleases, including allowing the Government to trample on the rights of the citizens,” he said.
Mr Karunaratne described arguments that a Bill rejected in Parliament could be resurrected, or that a referendum was unnecessary because it was too costly, as “against all norms” and “outrageous statements that can inflict fear and lack of trust on the State, even if they have genuine intentions”.
Mr Karunaratne said democracy could not be measured solely by elections.
“Democracy is scalable based on the level of protection on human rights, human dignity and an independent justice system.
“The Constitution does not grant those rights to the people. They already have them as God-given rights.
“The Constitution entrenches them so that those rights are protected from abuse, mainly by the State and power agencies.”
On the issue of amendment thresholds, Mr Karunaratne reminded the Court that the 1997 Constitution required a two-thirds majority because it entrenched communal representation and power-sharing provisions.
“The 2013 Constitution, based on one person, one vote, does not have that protection. Therefore, it must require three-quarters to ensure fair representation,” he said.
Mr Karunaratne urged the court to fulfil its duty as the final guardian of justice.
“Lawyers are in the business of law, but this Court is in the business of justice.
“This Court is the ultimate human institution for justice. Above it is only God.
“It is duty-bound to protect those that need protection.”