Having faith in the judiciary is of paramount importance

In the prevailing political situation, many politicians and citizens have sought judicial intervention on many matters arising out of actions taken by the Executive and on the question of their constitutionality. In this regard many ideas and opinions expressed by politicians, lawyers, civil society activists and ordinary citizens are reported in the media. However the faith in the Judiciary is of paramount importance, because it is the final adjudicator.

Also, there have been reports of expressing opinion and lamentation over seeking the intervention of the Judiciary as a cause for the delay in resolving the present impasse. Even at the cost of time, the rule of law is the protector of the society in a democracy.

In democracies, the resolution of political crisis is harder to come by sooner, as it demands consensus of all stakeholders, which is equally harder to come by. However, the opportunity of seeking “Judicial Review” of Executive action is the right of the citizens provided by the constitution. Therefore nobody should be perturbed by citizens resorting to such action. It’s the ultimate lawful action a citizen can resort to, in a demo- cratic society

In the process of “Judicial Review,” Judiciary is the final adjudicator of the contested issues before the court. In a democratic society, the rule of law needs to be protected. It is the Judiciary that always comes to the public’s attention, whenever the citizens are faced with doubtful issues needing judicial intervention. An independent judiciary is the most precious jewel in the democratic crown.

There are always many opinions going on in the public domain. The issues contested may be of political sensitivity and of political consequences. The Judiciary always works against the forces of both political power and public opinion. No one is guaranteed a desired outcome – only a fair verdict. The Constitution – the country’s ultimate law is based on perhaps the biggest mutual accommodation of all, against the needs of society to govern it. They should be taken seriously in spite of personal frustrations.

The judicial intervention and “Judicial Review” of executive action is enshrined by our constitution. Our constitution; the supreme law of the country, provides for the exercise of the Sovereignty of the People independently and separately by the Legislature, Executive and the Judiciary. It says, The Sovereignty of the People shall be exercised and enjoyed in the following manner:

( a) The legislative power of the People shall be exercised by Parliament, consisting of elected representatives of the People and by the People at a Referendum;

(b) The executive power of the People including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People;

(c) The judicial power of the People shall be exercised by Parliament through courts, tribunals and institutions created and established, or recognized, by the Constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its Members, wherein the judicial power of the People may be exercised directly by Parliament according to law;

The Legislative supremacy and separation of powers are two distinct theories of the manner in which the government is organised in our democracy. Differences in organizing “democratic” societies led to different views regarding judicial review. Our constitution has stressed on separation of power. “Judicial review” is the form of checks and balances in the separation of powers; the power of the judiciary to supervise the Legislative and Executive branches when the latter exceed their authority.

The Judicial Review is the best course of action to resolve the impasse the citizens are facing today.