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| Sunday, 29 June 2003 |
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| News Business Features Editorial
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Will Humpty Dumpty fall? by FACTOTUM In these days of globalisation and rising West Asian job prospects even for the 'Ayahs' of yore one wondered if there wee any such among the glitterati that assembled at the old hotel by the Green on Friday. One also wondered as to how many among them had voted for the man or his party at General Elections. Of course the majority perhaps were kith and kin for whom this FDB commemoration has become an annual get-together in a central place. However, the oration as in the past had class in it and swept away the boredom of the introduction which participants have listened to adnauseam year in year out. That the country is in a state of near crisis constitutionally as envisaged ever so long ago by that sometimes much derided Double Doctor is plain. As President's Counsel Deshamanya H. L. de Silva recounted Dr. Perera queried then as early as 1978 when the then government had that steamroller majority "It is more than likely that the political complexion of the next Parliament would be different from that flaunted by the UNP and its leader the President of the Republic. How will he function with a hostile majority in Parliament which can well refuse to carry out his policy? Continuing Mr. de Silva said, "Dealing with the problem of having to face a hostile majority in Parliament, Professor A. J. Wilson suggested solutions that seem deceptively simple: 'A hostile majority in the legislature need not cause problems'...There are two alternatives that will become available to our President under the Second Republic. He can either carry out the wishes of the legislative majority as defined by the Cabinet of Ministers. Or he can revert to the role of a Constitutional Head of State. Commentators on the Fifth Republic have indicated that this course is available to French Presidents faced with a hostile majority. The Constitution is therefore workable and need not cause paralysis in the nerve centres of government... Of cohabitation Mr. de Silva had this to say: It seems to me that it is futile to cling to the myth of cohabitation in the prevalent political culture as a solution to the periodic political convulsions that afflict us. The reason is that those who propound the theory of cohabitation do not seem to have any clear idea of its meaning or its implications. Current exponents of cohabitation are unable to distinguish it from ill-concealed coercion, , intimidation by the dominant partner whereas, an authentic relationship of cohabitation needs to be founded on mutual respect, trust, restraint and forbearance, To the extent possible, in the formation of a coalition Cabinet on the results of the General Election of December 2001, the UNF would be entitled to approximately 46%, the PA to 37% and the other parties the balance 17% of the seats in the Cabinet of Ministers. If the expected degree of consensus and agreement is not obtainable for the formation of a coalition, despite the sword of Damocles of a dissolution of Parliament, a fresh election is the only other course of action. Such an arrangement is more consonant with semi-presidential government introduced by the 1978 Constitution, than the virtual relapse to parliamentary government which is unconstitutional and the pretence of cohabitation to which mere lip service is paid... The dissenting words of Lord Atkin in the famous case of Liversidge v. Anderson are relevant in this regard. He observed with superb irony: I know of only one authority which might justify the suggested method of construction. 'When I use a word' Humpty Dumpty said in a rather scornful tone, 'it means just what I choose it to mean, neither more nor less'. 'The question is' said Alice 'whether you can make words mean different things.' 'The question is' said Humpty Dumpty 'which is to be master that is all' (From Alice Through the Looking Glass). 'Will Humpty Dumpty fall?' This one time Permanent Representative at the UN pondered the question as the audience gave him a resounding ovation. The Parthian shot was the best of all. |
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