Sri Lanka's First Election Commission: Strengthening Electoral Management or Advancing Electoral Integrity?

Q3 Social Sciences Asian Journal of Comparative Law Pub Date : 2021-12-01 DOI:10.1017/asjcl.2021.34
Dinesha Samararatne
{"title":"Sri Lanka's First Election Commission: Strengthening Electoral Management or Advancing Electoral Integrity?","authors":"Dinesha Samararatne","doi":"10.1017/asjcl.2021.34","DOIUrl":null,"url":null,"abstract":"The undisputed success of Sri Lanka's first Election Commission (2015–2020) was the conduct of free and fair elections, that is to say, electoral management. I argue in this article that, by design and in practice, it was unable to or failed to advance electoral integrity that is urgently required for the health of Sri Lanka's constitutional democracy. At critical points when electoral integrity and constitutional democracy were threatened, it was the Court, the traditional institutional check on the Executive and the Legislature, that prevented its further erosion. The Commission, therefore, was an institutional innovation that addressed symptoms of Sri Lanka's ailing constitutional democracy but not its root causes. The Commission has been a necessary but insufficient fix for the electoral pathologies of Sri Lanka's constitutional democracy. Its ‘guarantor’ function, as I illustrate in this article, is narrowly conceived, perceived and lived out.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Comparative Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/asjcl.2021.34","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0

Abstract

The undisputed success of Sri Lanka's first Election Commission (2015–2020) was the conduct of free and fair elections, that is to say, electoral management. I argue in this article that, by design and in practice, it was unable to or failed to advance electoral integrity that is urgently required for the health of Sri Lanka's constitutional democracy. At critical points when electoral integrity and constitutional democracy were threatened, it was the Court, the traditional institutional check on the Executive and the Legislature, that prevented its further erosion. The Commission, therefore, was an institutional innovation that addressed symptoms of Sri Lanka's ailing constitutional democracy but not its root causes. The Commission has been a necessary but insufficient fix for the electoral pathologies of Sri Lanka's constitutional democracy. Its ‘guarantor’ function, as I illustrate in this article, is narrowly conceived, perceived and lived out.
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
斯里兰卡第一选举委员会:加强选举管理还是促进选举廉正?
斯里兰卡第一届选举委员会(2015-2020年)无可争议的成功在于进行了自由公正的选举,也就是说,进行了选举管理。我在这篇文章中认为,从设计和实践来看,它无法或未能促进斯里兰卡宪政民主健康所急需的选举诚信。在选举完整性和宪政民主受到威胁的关键时刻,正是法院,即对行政和立法机构的传统机构制约,阻止了其进一步削弱。因此,该委员会是一项制度创新,它解决了斯里兰卡宪政民主状况不佳的症状,但没有解决其根源。该委员会对斯里兰卡宪政民主的选举病态是一个必要但不充分的解决办法。正如我在这篇文章中所阐述的,它的“担保人”功能是狭义的,被感知和实践的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 去求助
来源期刊
Asian Journal of Comparative Law
Asian Journal of Comparative Law Social Sciences-Law
CiteScore
1.00
自引率
0.00%
发文量
24
期刊介绍: The Asian Journal of Comparative Law (AsJCL) is the leading forum for research and discussion of the law and legal systems of Asia. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to one or more Asian legal systems, as well as work that compares one or more Asian legal systems with non-Asian systems. The Journal seeks articles which display an intimate knowledge of Asian legal systems, and thus provide a window into the way they work in practice. The AsJCL is an initiative of the Asian Law Institute (ASLI), an association established by thirteen leading law schools in Asia and with a rapidly expanding membership base across Asia and in other regions around the world.
期刊最新文献
International Sanctions and the Rule of Law How Can Malaysian Courts Consistently Perform Meaningful Constitutional Rights Review? Lessons from Past Cases and the Way Forward Confused Purposes and Inconsistent Adjudication: An Assessment of Bail Decisions in Delhi's Courts Soviet Legacy of Vietnam's Intellectual Property Law: Big Brother is (No Longer) Watching You – CORRIGENDUM Conceptualising State-Centric Mediation: An Analysis of China's Foreign Investment Complaints Mechanism – ERRATUM
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1