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Justiciability of Civil, Political Rights Under the ICCPR Act No 56 of 2007 and Economic, Social and Cultural Rights Under the Sri Lanka Sustainable Development Act No 19 of 2017
In: Hulftsdorp Law Journal, 2021
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Situating the Kegalle Rebels of 1971: The Narrative Disconnect Between Michael Ondaatje and Those Who Took His Family Gun
The article uses Michael Ondaatje's representation of the Kegalle rebels of the 1971 insurgence to examine the question of historical disconnect in the writer which has resulted in his reduction of an era-defining political event to an amusing anecdote. This anecdote – to do with a group of young rebels who came to collect the Ondaatjes' family gun in Running in the Family – has been widely quoted in literature on Ondaatje's work, but without sufficient emphasis on what appears to be a historical alienation of the writer. The present discussion attempts to reconstruct the fate of the Kegalle rebels who disappear from Ondaatje's field of vision after the gun was collected. Through the association of narratives written by former insurgents in Kegalle who retreated to Wilpattu after the uprising failed, I attempt to reconstruct their story to offer an overview of the history Ondaatje misses out on. By interpolating work such as Raja Proctor's Waiting for Surabiel the article also draws on the role of historical awareness and political empathy in representing a politically-turbulent era. DOI: http://doi.org/10.31357/fhss/vjhss.v07i02.01
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Le secret défense et l'administration de l'État de droit
In: Revue du droit public de la science politique en France et à l'étranger, Band 138, Heft 2, S. 457-478
ISSN: 0035-2578
World Affairs Online
Un laboratorio de varones para la nación
In: Estudos feministas, Band 30, Heft 3
ISSN: 1806-9584
Resumen: Las violaciones a los derechos humanos durante la guerra de Malvinas de 1982 suelen ser pensadas como una continuidad de la lógica político-represiva de la última dictadura cívico-militar argentina (1976-1983). Pero las memorias de algunos protagonistas de la guerra sugieren historias de más larga duración. Desde una escucha feminista sensible al cuerpo, el artículo analiza diez testimonios de ex combatientes argentinos alojados en el Archivo Oral de Memoria Abierta, prestándole atención a ciertas prácticas disciplinarias y modos de gestión de la tropa. En esas continuidades entre la conscripción - que comenzó a principios del siglo XX - y la guerra de 1982, se advierten usinas de formación de la masculinidad hegemónica en Argentina; laboratorios donde se modelaban los cuerpos de los varones y las formas más tóxicas del heteropatriarcado.
The School Strike for Climate as people's engagement in the transnational legal process and global constitutionalism
In: Global constitutionalism: human rights, democracy and the rule of law, Band 11, Heft 1, S. 9-26
ISSN: 2045-3825
AbstractWhat is the significance of the School Strike for Climate from an international constitutional perspective? In this article, I compare the School Strike for Climate with the Hong Kong protests of 2019–20. Both these movements became necessary because of gaps in their countries' respective domestic and international legal frameworks – what I term constitutionalism gaps. The immediate cause of each protest was how state and non-state actors exploited these constitutionalism gaps in the existing legal framework. Protests in Hong Kong were triggered by the attempt to enact an Extradition Law that threatened people's autonomy, whereas the School Strike for Climate is a response to the failure of the state to deliver climate justice. Both these movements use similar strategies of advocacy and they have relied extensively on new technology. Based on this comparison, I argue that the School Strike for Climate promotes procedural and substantive values of constitutionalism at the international level, similar to the Hong Kong Protests at the domestic level. Through the School Strike for Climate, people seek to engage directly in the transnational legal process. In attempting to bridge the constitutionalism gap at the international level, the School Strike for Climate promotes values of global constitutionalism.
Governance by Perpetual Conflict: How Early Colonial Political Practices Undermine Democracy in Post-Civil War Sri Lanka
In: Bandung: journal of the global south, Band 8, Heft 2, S. 150-184
ISSN: 2198-3534
Abstract
The 1978 Constitution of Sri Lanka established a semi-presidential system within the country with constitutional provisions for a powerful executive presidency. Three decades later, practices of the presidents in the post-war period show commonalities with the Sinhala monarchy that prevailed in early colonial Sri Lanka. To substantiate this argument, this paper focuses on four kings from the Sithavaka and Kandyan kingdoms who reigned in Sri Lanka during the Portuguese colonization and the early years of Dutch colonization, i.e. from 1521 to 1687. These kings governed by feeding off perpetual conflict, using such as a political tool to retain their dictatorial authority and political relevance. Despite being formally constrained by the 1978 Constitution, presidents in the post-war period engage in a similar form of governance. However, this local conceptualization of the executive as a monarch clashes with the substantive democratic rationality of the office of president, which requires constitutional and political checks that apply beyond elections. Due to this clash between governance by perpetual conflict, which gains legitimacy from and has been instituted since Sri Lanka's early colonial past, and democratic governance, the establishment of democratic constitutional norms within the country has been unstable.
Beyond 'do-no-harm': development, social safeguards policies, and human rights
In: Sri Lanka journal of social sciences, Band 44, Heft 1, S. 5
The End of an Era and the Beginning of Another
In: Society and culture in South Asia, Band 7, Heft 1, S. 9-10
ISSN: 2394-9872
Le référent, une figure à interroger
In: Pouvoirs: revue française d'études constitutionelles et politiques, Band 176, Heft 1, S. 131-143
The unresolved constitutional dilemma: Persisting Imbalance of power exposed by the Constitutional Coup 2018
In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 54, Heft 1, S. 116-141
ISSN: 0506-7286
On 26th October 2018, Sri Lankan President surprised the nation with his abrupt removal of the Prime Minister in office and the appointment of another Prime Minister on ambivalent constitutional grounds. Through his actions, President Sirisena was attempting to bring to the power the former strongman Rajapaksa from his own party to entrench himself as well as their party, while undercutting Wickremasinghe and his party. Constitutional Coup 2018 was executed meticulously to ensure that the President and his old enemy, now his new-found ally could capture governmental power. The result was that Sri Lanka had two Prime Ministers claiming to be appointed to office. The paper discusses the dramatic and complicated actions and reactions that occurred during the Constitutional Coup 2018. This paper analyzes how the Constitutional Coup exposed the persisting imbalance of power as a weakness of the Sri Lankan Constitution of 1978 that undermines constitutionalism and how this weakness persisted despite the 2015 constitutional reforms. Even though the constitutional coup 2018 was resolved affirming the supremacy of the constitution the paper analyzes how the weakness exposed during then paved the way towards the deterioration ofthe system of checks and balances.
Origin and Transmission of Covid-19 as a Negative Outcome of Anthropogenic Ecocide
COVID-19 has become a global health burden that costs millions of human lives and causes collapsing health systems due to overcrowded hospitals, emergency services, intensive care units and exhausted staffs during last two years. There are plenty of scientific studies published on the origin, transmission, spread and emergence of pathogenic agent of COVID-19 as well as the prevention, diagnosis, management, prognosis of the clinical conditions of the infection. The relationship between ecosystem degradation and biodiversity loss associated with anthropocentric development model that facilitates the viable hosting atmosphere for vector-borne and zoonotic diseases is being revisited and reviewed in a wider aspect with respect to this pandemic. Therefore COVID-19 pandemic build up a vital platform for profound international responses with social, political, economic, and environmental implications that address social and economic development, climate change, and biodiversity issuestogether with public health. Under the One Health concept many international organizations work closely together with conservation experts and health professionals in research, capacity building and networking to reduce the likelihood of future pandemics. In this context scientists call for an integrated global action and rapid political response in ecosystem management with a multi-disciplinary approach for the future interventions by emphasizing the importance of environmental sustainability forcontrolling such outbreaks.Keywords: COVID-19, zoonotic dieseses, emerging infectious disease (EID), biodiversity loss, ecosystem balance
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The Untold Story of Prostitution in Budhwar Peth Pune, India (Red Light area)
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