Unit 03

There are various forms of governments. We can categorize governments based on some matters. One of such matters is "who rules".

1. Equality:

Treating the equals equally (in the same way)

Giving everybody the equal opportunities and the equal protection of the law.

2. Equity:

Fairness in implementing laws despite its rigidity, so as to bring about the justice.

3. Freedom:

The opportunity which the individual receives from the society for his personal development.

4. Fundamental rights:

Set of rights accepted, implemented or protected through the constitution (the law) of a country.

in Sri Lanka,

The Third Chapter(Article 10 to 14) of the 1978 constitution includes fundamental Rights and freedoms of the people.

5. Franchise:

The right or the ability of the citizens to elect their representatives.

6. Universal suffrage/ Universal franchise:

The franchise or right to vote which have been given to the all the citizens who have fulfilled certain qualifications.

7. Separation of powers:

Keeping the three folds of power (Legislative, Executive and Judicial) of the State/Government separately and assigning them with three different branches of the Government (Legislature, Executive and Judiciary).

8. Rule of law:

The idea that the law must govern everybody in a country and all of their actions as well.

The idea that the law must be supreme.

The idea that Ruling the State or country or a society must be done according to the law.

The idea that everybody should obey laws.

The idea That Law must be fair to all.

9. Independence of Judiciary:

The freedom or the ability of the judges of the courts to make decisions upon the legal matters in front of them without any undue influence.

10. Supremacy of the Parliament:

That there is no other supreme law making body in a country other than the Parliament or sharing similar status or authority as of the parliament.

That the parliament can enact, change or abolish any law any time without any limitation or hesitation.

That the parliament is the Supreme Institutions in the country which owns and implements people’s sovereignty.

11. Constitution and Constitutionalism:

Constitution:

Constitution is the document which includes the laws about how to govern the country.

It is the basic law, Fundamental law and the supreme law of a country.

It includes provisions for the followings;

a. The Structure, powers and functions of the three branches of the government (The Legislature, The Executive and The Judiciary).

b. How to elect or select the members to the three branches of the government and remove them from their office.

c. Fundamental Rights and freedoms of the people of the country.

d. Fundamental Duties.

e. Directive principles of making and implementing the State policy.

f. About Certain very important institutions relevant to the governance of the State (Auditor General, Attorney General, Ombudsman, Election Commission and certain other commissions etc. are in the Constitution of Sri Lanka).

Constitutionalism:

The idea that every modern State must be governed according to a Constitution which is the basic, fundamental and the supreme law of that country.