Constitutional Law II

LWU2314/LLU4708
Niluka Gamalath
Senior Lecturer
Dep. Of Legal Studies
OUSL
 Human Rights

• Human beings are entitled to certain basic and

inherent rights are that define a meaningful
existence.
• Nature of Human Rights
➢ Universal in application ??
➢ Inalienable in exercise
➢ Inherent to all person
• Human Rights as Natural Rights
“Natural rights are rights belonging to a person
by nature and because he was a human being,
not by virtue of his citizenship in a particular
country or membership in a particular religious
or ethnic group”
Philosophical • Concept of Natural Law
foundation of
–Theory of Natural Rights
the Human
Rights –Natural and inherent
Historical Development of Human
Rights

• Magna Carta 1215

• The American Independence Movement 1776

– The American Declaration of Independence
1776
– The American Bill of Rights 1791
• The France Revolution of 1789
The Declaration of the Rights of Man and
of the Citizen 1789
• The League of Nation 1919
• The International Laboure Organization 1919
• United Nations
 After the Second World War -
International Bill of Human Rights

Universal Declaration of Human Rights -

that “all human beings are born free
and equal in dignity and rights.”

Development
the International Covenant on Civil and
of Human Political Rights

Right
the International Covenant on
Economic, Social and Cultural Rights

the optional protocols

Classification of Human Rights

first • Civil and Political Rights (Classic Rights)

• Right to life, freedom from torture, right to
generational • fair trial….
• Negative rights
Human rights • rights of individuals

Second • Economic, Social and Cultural rights (Social

• Rights)
generational • Right to education, right to work, right to food,
housing….
Human rights • positive rights -state welfare
Classification of Human Rights

Third • collective rights -liberty of group

• The right to development

generational • The right to peace

• The right to environment
• The right to property over the common heritage of mankind.
rights • The right to communicate.

Forth
generational • https://www.youtube.com/watch?v=kpW9JcWxKq0

rights
Human • Fundamental Rights
Rights • Constitutional
protection of Human
Rights
 Fundamental Rights
obey to ruler

Ruler people
security for our life,
property and liberty.

Social Contract
the basic law of the
Civil and Political rights land and is the source
constitute restrictions of the rights of the
and limitation on actions Individuals
of the government. Constitution

Civil and
Political Rights
Meneka Gandi Vs. Union of India
(AIR 1978 SC 627)

• Justice Bhagwati
“the fundamental rights in Part III of the Constitution
represent the basic values cherished by the people of
this country since the Vedic times and they are
calculated to protect the dignity of the individual and
create conditions in which every human being can
develop his personality to the fullest extent.”
“ආණ්ඩුක්‍රම ව්‍යව්‍ස්ථාවේ III ව්‍න ව ාටවස් ඇති මූලි
අයිතිව්‍ාසි ම් මගින් නිරෑපණය රනුවේ වව්‍දි යුගවේ සිට
වම් රවේ ජනතාව්‍ විසින් අගය රන ලද මූලි සාරධර්ම ව්‍න
අතර
ඒව්‍ා ගණනය රනු ලබන්වන් පුද්ගලයාවේ වගෞරව්‍ය
ආරක්ෂා කිරීම සහ සෑම මිනිවසකුටම තම වපෞරුෂය උපරිම
වලස ව්‍ර්ධනය ර ගත හැකි තත්ව්‍යන් නිර්මාණය කිරීම
සඳහා ය.”
 • Monarchical System – will
of the king
• 1931 - Universal Franchise
• 1948- Dominion Status
Sri Lanka
• 1972- Frist Republican
Constitution
• 1978- Second Republican
constitution
Development of Fundamental
Rights in Sri Lanka.
Soulbury Constitution of 1947 - section 29(2), that prohibited
Parliament from enacting legislate on that discriminated on the
ground of race or religion or legislation that infringed on religious
freedom.

In 1972 constitution -Chapter VI -“Fundamental Rights and Freedom”

1978 Constitution - Chapter III- guaranteed some of civil and political

rights
1978 Constitutions mention fundamental rights
in the preamble stated that,

the people of Sri Lanka …….assuring to all

peoples FREEDOM, EQUALITY, JUSTICE,
FUNDEMENTAL HUMAN RIGHTS AND
INDEPENDENCE OF THE JUDICIARY as the
intangible heritage that guarantees the dignity
and wellbeing of succeeding generations of the
People of the Sri Lanka and of all the people of
the World, who come to share with those
generations the effort of working for the certain
and preservation of a JUST AND FREE SOCITY. ”
• According to the preamble of Indian
Constitution, final goal of the state is that
secure
JUST, LIBERTY EQUALITY and FRATERNITY

in Sri Lanka Constitution

JUST, LIBERTY EQUALITY additionally with
FUNDEMENTAL HUMAN RIGHTS AND
INDEPENDENCE OF THE JUDICIARY.
Sovereignty of the people under the Sri Lankan
Constitution (1978)
 Exercise of Sovereignty – (Article 4 )
The Sovereignty of the People of Sri Lanka and exercise and enjoy by the following
manners ;
 Freedom of thought, conscience and
religion. Art.10

Fundamental Freedom from torture. Art. 11

Rights Under
the 1978 Right to equality Art. 12

Constitution
Freedom from arbitrary arrest , detention
and punishment, art 13

Chapter III
freedom of speech, assembly, association,
occupation, movement, Art. 14

Right to access to information , Art 14(A)

 Every person shall be entitled to apply to the
Supreme Court,
Article 17

Remedy for As provided by Article 126,

the
infringement In respect of the infringement or imminent
infringement,
of
fundamental
rights by by executive or administrative action,
executive
action of a fundamental right to which such person
is entitled under the provisions of this
Chapter.
 Article 126
Fundamental Rights Jurisdiction and its exercise

01 02
The Supreme Court he may himself or by an attorney-
at-law on his behalf, within one
shall have sole and month thereof, in accordance with
exclusive jurisdiction such rules of court as may be in
force, apply to the Supreme Court
by way of petition in writing
Nallarathnam addressed to such Court
Singarasa Vs AG
Restrictions on
fundamental rights

Article 15 laid down restriction on several

Fundamental Rights
• Interest of National Security
• Public Order and Protection of public health or
morality
• Interest of racial and religious harmony
• Respect for rights and freedom for others
• general welfare of a democratic society
• Interest of Economy security
• Parliament privilege
• Contempt to Court
Limitations

 Chapter XVIII Public Security

 The Public Security Ordinance (Cap.51) empowers the

President to make Emergency Regulations having the
force of law.

 Prevention of Terrorism Act (PTA) of 1979