Journal of Human Rights and Peace Studies 2019, Vol. 5 Issue 2, 196 – 228
196
Copyrights © Institute of Human Rights and Peace Studies
ISSN (Online): 2697-3804
United in Diversity: A Third Way of Constitutional Vision in
Post-War Sri Lanka
Nadarajah Pushparajah
1
Faculty of Arts, University of Jaffna
Email: npushparajah@yahoo.com
ARTICLE INFO ABSTRACT
Article History:
Received : 01 May 2019
Revised : 22 Aug 2019
Accepted : 30 Sep 2019
Sri Lanka since independence has been seen to have designed its
constitutional vision within the conceptual ideology of Sinhala- Buddhism.
This gives insights into how and why a pluralist society should avoid
engineering a one-sided constitutional vision. This article investigates the root
causes of the Sri Lankan ethnic question from the perspective of its
constitutional vision in terms of the nature of the state and the degree of
power- sharing. It also seeks to draw a viable constitutional vision to
accommodate the concern of all sections of Sri Lankan society from the
existing international practice in post-conflict societies. This article shows the
inevitability of adopting a germane third way of constitutional vision to
reconcile the divided society of post- conflict Sri Lanka and to comply with
some consociational elements to address minorities’ issues within the
minority region of Northeast Sri Lanka. The conclusions of this article suggest
that a third way of constitutional vision would enhance the country’s ability
to keep intact its territorial integrity and preserve its diversity.
Keywords:
Constitution
Post-Conflict
Sri Lanka
Unitary
Third way
1
Senior Lecturer Gr II, Department of Political Science, Faculty of Arts, University of Jaffna (PhD, Advanced School of Sant’
Anna, Italy; Post-Doctoral Research Fellow (Institutum Iurisprudentiae, Academia Sinica, February 2018- November 2018;
KoGuan Law School, Shanghai Jiao Tong University, June 2015-June 2017).
The Author would like to thank Professor Yen-Tu Su (Institutum Iurisprudentiae, Academia Sinica) for his valuable
comments, idea and encouragement during the writing of this contribution. The Author also sincerely thank the editor and
the anonymous reviewers for their useful comments on this article.
Journal of Human Rights and Peace Studies
journal homepage: https://www.tci-thaijo.org/index.php/HRPS/index