Dialogue over Dominance: Alternative Perspectives on Sri Lanka’s Future Bill of Rights

Working Paper No. 6, on Dialogue over Dominance: Alternative Perspectives on Sri Lanka’s Future Bill of Rights by Michael Mendis considers the question of the enforcement of the bill of rights and offers a dialogic model. The paper seeks to expand our understanding of judicial review, arguing that both the judicial and legislative processes have crucial contributions to make in the overall process of protecting human rights, and the wisdom of one should not legitimately substitute the other’s. The paper elaborates a general analytical framework that identifies the key normative values in the constitution itself, and creates a framework of dialogue around it that facilitates a sharing of judgments between the legislature and the judiciary in the task of human rights protection.

Download the paper from here.

All Working Papers in the series can be downloaded from http://constitutionalreforms.org.

The series is a product of the partnership between CPA and the Edinburgh Centre for Constitutional Law in support of the Sri Lankan constitutional reform process.

Centre for Policy Alternatives

The Centre for Policy Alternatives (CPA) was formed in 1996 in the firm belief that there is an urgent need to strengthen institution- and capacity-building for good governance and conflict transformation in Sri Lanka and that non-partisan civil society groups have an important and constructive contribution to make to this process. Focusing primarily on issues of governance and conflict resolution, CPA is committed to programmes of research and advocacy through which public policy is critiqued, alternatives identified and disseminated.