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?

Q3 Social Sciences Asian Journal of Comparative Law Pub Date : 2021-12-01 DOI:10.1017/asjcl.2021.34
Dinesha Samararatne
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引用次数: 0

摘要

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