Working Paper No. 6, on Dialogue over Dominance: Alternative Perspectives on Sri Lanka’s Future Bill of Rights by Michael Mendis considers the question of the enforcement of the bill of rights and offers a dialogic model. The paper seeks to expand our understanding of judicial review, arguing that both the judicial and legislative processes have crucial contributions to make in the overall process of protecting human rights, and the wisdom of one should not legitimately substitute the other’s. The paper elaborates a general analytical framework that identifies the key normative values in the constitution itself, and creates a framework of dialogue around it that facilitates a sharing of judgments between the legislature and the judiciary in the task of human rights protection.
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All Working Papers in the series can be downloaded from http://constitutionalreforms.org.
The series is a product of the partnership between CPA and the Edinburgh Centre for Constitutional Law in support of the Sri Lankan constitutional reform process.