Denial through Postponement: An Appraisal of Right to Franchise of Local Government Elections in Sri Lanka

  • H. A. Menaka Harankaha and K A A N Thilakarathna
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  • H. A. Menaka Harankaha

    Head of Department at Department of Commercial Law, Faculty of Law, University of Colombo, Sri Lanka

  • K A A N Thilakarathna

    Lecturer at Department of Public and International Law, Faculty of Law, University of Colombo, Sri Lanka

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Abstract

Right to franchise being as fundamental as it can be is a cornerstone of a democratic society and a denial of such a right through postponement could never be circumvented by placing before such institutions such restrictions or constraints that are related to the economy of a country, which in itself indicates the need for changing the government or its people who have brought a country to its knees through such haphazard economic policies which has led to such catastrophic events. This paper endeavors through a qualitative method using a doctrinal approach to evaluate the primary sources of law in the Sri Lankan legal system, inclusive of inter alia. the Constitutional provisions, statutory provisions, and the decided case law. In the discussion, it is both well founded and established that the right to franchise, even at the local governmental level is not really allowed under the existing laws of the country, nor could they be justified under any other presumed disguised pointing out that the severe economic crisis that has occurred.

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International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1978 - 1991

DOI: https://doij.org/10.10000/IJLMH.114252

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