Abstract
In my view, the decision of the Supreme Court of Sri Lanka (delivered on 16 October 2006), holding that the merger of the Northern Province and the Eastern Province of Sri Lanka, so as to constitute a single administrative unit, was not valid, is not tenable.
That is so as, in my view, on a proper purposive approach to statutory interpretation, the regulation through which section 37 (1) (b) of the Provincial Councils Act was amended was not ultra vires, as the making of that regulation was authorized by section 5 (1) of the Public Security Ordinance. As well, that amendment to section 37 (1) (b) of the Provincial Councils Act was validly made, as article 155 (2) of the Constitution does not render that amendment invalid.
Those views of mine are exclusively based on legal analyses (outlined in the article), views, which, in the event, transpire to be also views that best cohere with the factual context applicable to the constitutional dispute which was the subject of the Supreme Court’s decision.
Original language | English |
---|---|
Pages (from-to) | 67-73 |
Number of pages | 7 |
Journal | Asian Social Science |
Volume | 3 |
Issue number | 11 |
Publication status | Published - 2007 |
Externally published | Yes |
Keywords
- Sri Lanka
- Supreme Court of Sri Lanka
- Northern Province
- Eastern Province
- merger of the Northern Province and the Eastern Province