Sunday Times 2
Rule of law: A role for everyone
View(s):The following is the text of the opening address by Attorney General Y.J.W. Wijayatilake, P.C. at a ceremony on Tuesday at the BMICH to felicitate Judge C.G. Weeramantry on his completion of 50 years in the judiciary
It is a privilege and a pleasure to deliver the opening address on this auspicious occasion to felicitate Judge C.G. Weeramantry on his completion of 50 years in the judiciary. As today’s event is an appreciation bestowed upon Judge Weeramantry by the Bar of Sri Lanka, I take this opportunity to extend appreciation on behalf of the Official Bar.
I cannot think of a better way to introduce a person whose academic contribution to international jurisprudence has been prolific than by quoting the person himself. As we all know, Judge Weeramantry’s interest in and influence on the law has been of a multi-faceted nature. From religions to the environment, from nuclear weapons to human rights, from international law to technology, his writings have traversed the law and its relationship with almost every possible aspect of life. But, as this evening’s gathering comprises highest-ranking representation from all three organs of the State, I choose to adorn my address with sprinklings from Judge Weeramantry’s book Justice Without Frontiers: Furthering Human Rights which has a Chapter dedicated to the Rule of Law. That is because, in the end, it is the rule of law which guarantees a harmonious relationship and at the same time provides checks and balances amongst the Executive, the Legislature and the Judiciary.
In Chapter Five from the book I am quoting from, titled The Struggle for the Rule of Law: Right against Might, Judge Weeramantry says thus: “No modern system of law can afford such divergencies between the principle and the reality, without placing in jeopardy the entire legal framework on which the concepts of liberty have been built. No legal system can afford to offer itself as a forum for such exploitation of right by might.”
As Sri Lanka’s political and justice systems sit on the cusp of history, pursuant to legal reforms introduced by the 19th Amendment to the Constitution and the establishment of independent institutions, there appears to be in principle a commitment to the rule of law. However, we must equally ensure, as manifest in Judge Weeramantry’s words, that the rule of law is also present in reality. Such a commitment requires mutual respect to be forthcoming from the Executive, Legislature and Judiciary, as well as the creation of an environment which in reality allows the independence of the Bench and the Bar to flourish in the face of political challenges. Quoting Erskine in the same Chapter, Judge Weeramantry refers to the “sheet-anchor remaining to hold the vessel of the State amidst contending storms…we have still…a sound administration of justice secured to us, in the independence of the judges, in the rights of enlightened juries and in the integrity of the Bar; — ready at all times and upon every possible occasion, whatever may be the consequences to themselves, to stand forward in defence of the meanest man when brought for judgment before the laws of the country.” And thus, the image of a lawyer that Judge Weeramantry idealises is “a fearless champion of right even against the overwhelming might of the State.”
So much for our duty towards the rule of law as we engage daily in our legal practice, as members of either the unofficial or official Bar. However, the duty of securing and maintaining the rule of law is not only that of the organs of State. The duty is also reposed in the ordinary citizen. Again, I quote from Judge Weeramantry: “Respect for the rule of law is never exclusively by academic reflections, treatises or instruction. There must be involvement of the average citizen, and this must reach deep down into his daily activities. There must be a sense of commitment to the community which wells up from within rather than comes down from above.”
Therefore, I conclude my address by inviting you all to reflect upon these great thoughts. For, we can best take forward the vision of Judge Weeramantry only by putting it into practice whether it be in our roles as functionaries of the State or simply as citizens of this country or indeed citizens of this universe. After all, there is no greater tribute to a visionary than in realising that vision itself. On this note, I thank Judge Weeramantry for his contribution to the greater good of the justice system and society as a whole, congratulate him on this golden jubilee and wish him many more years of fulfilling service to the nation and the international community.