Supremacy Of Judiciary Over The Parliament Through Interpretation Of Legislation: Referencing The Constitution Of Republic In Sri Lanka

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Ayesha Godagama
Published On: 18/12/2021
Volume: 8
Issue: 1
First Page: 72
Last Page: 89
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Ayesha Godagama, Supremacy Of Judiciary Over The Parliament Through Interpretation Of Legislation: Referencing The Constitution Of Republic In Sri Lanka, Volume 8 Issue 1, Journal of Legal Studies & Research, 72-89, Published on 18/12/2021, Available at https://jlsr.thelawbrigade.com/article/supremacy-of-judiciary-over-the-parliament-through-interpretation-of-legislation-referencing-the-constitution-of-republic-in-sri-lanka/

Abstract

This article aims to study to what extent judicial supremacy exists over the Parliament through 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 definitions of sovereignty slightly differ.  Further, the procedure of judicial review varies under common law jurisdiction and civil law jurisdiction. The researcher observes the Constitution study the matter of supremacy through the power of the Supreme Court for the interpretation of legislation. 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.

Keywords: Judicial Supremacy, Parliamentary Supremacy, Judicial Review

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