Publications
In Defence of Commonsense: A Critique of the Universality of Liberal Constitutionalism
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Nayantha
Attorney General's De...
This paper is concerned with the idea of Constitutionalism. It purports to elucidate the ever vaguely defined concept of ‘Constitutionalism’ and discuss it at both an abstract and practical level with special reference to the Second Republican Constitution of Sri Lanka. It is the opinion of this writer that the importance attached to liberal Constitutionalism as a promoter of good governance is excessive and that it must be seen for what it is. This paper is critical of negation of the ‘State’, and undesirable accentuation of ‘individual autonomy’ without any consideration to the practical needs and circumstances of the polity, a hallmark of liberal Constitutionalism, at least in the Sri Lankan landscape. However, this is not a total rejection of the concept of Constitutionalism as it is the contention of this writer that a reasonable interpretation of Constitutionalism must form an integral part of any democratic Constitution, albeit in a realistic sense. It is reiterated that, the core of this critique is, the unreasonable and unrealistic demands dictated by liberal Constitutionalism, in other words, a defence of commonsense.
Wijesundara, N. 2011, "In Defence of Commonsense: A Critique of the Universality of Liberal Constitutionalism". In: The Journal of the Bar Association of Sri Lanka (2011) Vol. XVII, Bar Association of Sri Lanka, Colombo.