SUPREMACY OF JUDICIARY OVER THE PARLIAMENT THROUGH INTERPRETATION OF LEGISLATIONS: REFERENCING THE CONSTITUTION OF REPUBLIC IN SRI LANKA

Ayesha Godagama

doi:10.55662/

Authors

Ayesha Godagama Senior Research Officer, Parliament of Sri Lanka, Sri Jayewardhane pura, Kotte, Sri Lanka Author

Downloads

PDF

PlumX DOI based Article Level Metrics

DOI:

https://doi.org/10.55662/

Keywords:

Judicial Supremacy, Parliamentary Supremacy, Judicial Review

Abstract

This article aims to study to what extent judicial supremacy exists over the Parliament thorough interpretation of legislations according to the powers and responsibilities vested by the Constitution of Sri Lanka. The study limits the examination of the only jurisdiction of the Supreme Court to interpret the parliamentary Bills. This analysis has been done using doctrinal legal research methods and used the constitutional provisions, Standing Orders of the Parliament, case laws as Primary sources and related research papers and books as secondary sources. It is observed that the legal and political definition of sovereignty slightly differ. Further, the procedure of judicial review varies under common law jurisdiction and civil law jurisdiction. The researcher observes the Constitution to study the matter of supremacy through the power of the Supreme Court for the interpretation of legislations. Finally, it is observed that although the Judiciary has challenged the Parliament through its decisions, the Judiciary does not have ultimate supreme power over the Parliament.

External References to this Article

Loading reference data...

License Terms

Ownership and Licensing:

Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.

License Permissions:

Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.

Additional Distribution Arrangements:

Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.

Online Posting:

Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.

Responsibility and Liability:

Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.