Be Legit
Why laws are only scripts unless they’re upheld in spirit
The reliance placed upon the law to play a protective role against injustice has been evidenced time and time again; but what good are laws if they’re imprisoned within the bounds of language, the fruits of which never reach the masses?
Indeed, the law cannot function merely as a decoration of words or a token of hope that relays what ‘ought to be’ instead of what ‘is.’
This serves as a reminder of utmost relevance in today's context where Sri Lanka is amid yet further constitutional reform. The approved 21st Amendment to the Constitution of Sri Lanka holds promise both as a limiter of executive powers, and a tool that facilitates a degree of checks and balances between state organs.
In this respect, it is appropriate to shed light on the words of Prof. M. P. Jain: “Even the best of paper constitutions may break down if not worked in the right spirit and even a bad constitution may result in good government if worked in the right spirit…”
One might say it is human failure that determines the downfall of legislative prowess and not the text of the legislation itself.
The law must embody the spirit of the masses and be effective, both as a guideline towards peace and a deterrent to actionable wrongs. The rule of law can only be preserved through the will of the people – law without respect would only be a ship without its rudder.
In times of strife, we lean upon the law to protect us from injustice and impose responsibility upon the violators.
As citizens therefore, it is our responsibility to strongly and continuously advocate that the law be utilised in the best possible light – to ensure that it is not limited only to scripts but upheld in the right substance and spirit.
This is vital in order to ensure that the rule of law is respected, good governance is achieved and sovereignty firmly remains with the people.
The law cannot function merely as a decoration of words or a token of hope that relays what ‘ought to be’ instead of what ‘is’
