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Entrenching the Tuition Culture |
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The term rent-seeking is generally applied to politicians and government officials who seek benefits from the implementation of rules and regulations they administer. But the term is also used of those who benefit from the rent that, as it were, they pay to those in authority. Influencing government officials, and even government itself, to grant favours is an easy way of profiting in cultures where transparency is lacking and decision makers have discretion (which is generally a good thing) but without accountability (which is essential, with regard to discretionary decisions as well as finances).
This is one reason why governments should reduce the number of rules and regulations, and the number of times the public have to seek government approval for any initiative. This does not mean government should abdicate its responsibility of formulating and enforcing regulations, in the interests of equal opportunities and fair play. But too often regulations lead to individuals capable of winning favour easily obtaining approvals and support from officials, while members of the general public are driven from pillar to post to get answers, let alone permission. That is why, as the great Liberal statesman of the German Free Democratic Party put it, a country needs strong government, but it should be small.
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Petition : Introduce Constitutional Amendment limiting Cabinet to 20 Cabinet Ministers |
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Impeachment and International Obligations - 22 Dec 2012 |
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Kamal Nissanka, Attorney-at-Law
 “An independent, effective and competent legal profession is fundamental to the upholding of the rule of law and the independence of judiciary” (Commonwealth Principles-2003)
(a).Bar Association
The Bar Association of Sri Lanka at a Special General Meeting held on the 15th of December 2012 formally expressed its dissatisfaction about the impeachment process directed at the Chief Justice and further resolved that, in case of the removal of the incumbent Chief justice from office, it would not welcome a “New Chief Justice’. Though there were a few lawyers who seemed to be present at the meeting to vote against the resolution, no recognized legal luminary came forward to oppose the resolution and demand a vote or a secret vote. Members were also given ample time to express their views. The post General Meeting situation is very clear. The government media is now at war with the Bar Association of Sri Lanka and seems to pursue this through mudslinging while some elements seek to to physically and psychologically intimidate leading members of the legal fraternity. Mr. Wijedasa Rajapakse, Mr Gunarathne Wanninayake and Mr. M.A. Sumanthiran are already attack in this regrettable sinister campaign against lawyers.
There is no doubt that the lawyers as well as judges are an integral part of the Supreme Court. When the head of the Supreme Court is in the dock it is indeed a matter that affects the conscience of both lawyers and judges. Things get worse when uncivilized media and political goons rally round to attack and sling mud on both. The common feeling among the majority of lawyers is that both the executive and the legislature are now on a collision course with the judiciary, creating an anarchic situation in the administration of justice. If the parliamentarians decide to disobey court orders, that will generate a chaotic situation in the country and create a constitutional deadlock. The impeachment storm in Sri Lanka winds to an unknown destination.
In this context it is significant to remind the authorities of our commitments towards a few international declarations that incorporate standards regarding removal of judges from office and principles of accountability in relation to the relationship between the three branches of government.
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Edited Extracts with regard to current political issues |
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Edited Extracts with regard to current political issues
from the Leader’s Address by Prof Rajiva Wijesinha,
delivered at the Annual Congress of the Liberal Party, December 16th 2012
The Liberal Party stands today in a very interesting position. To a great extent because of the enthusiasm of our Youth Wing, we have had very interesting workshops at two venues, in Hambantota and Kurunagala. At the former in particular we had remarkable input from youngsters, who are keenly interested in politics but miss the absence of a coherent philosophy in the political movements they have had experience of through elections.
Given the sophistication of these youngsters, who have a more adult view of politics than the rent seeking many people think is the main business of electoral politics, I think the commitment to principle of the Liberal Party will have increasing resonance in the coming months. In particular the position we have taken up with regard to the proposed impeachment of the Chief Justice will be recognized in time as the only balanced approach to an issue that seems to be tearing our society apart.
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