BRILLIANT LEGAL LUMINARY STATES IMPEACHMENT FULL IN ORDER

The functioning of a Parliamentary Committee can never be the subject of judicial review, says Dr Mark Cooray, eminent legal luminary. L. J. M Cooray LLB (Hons) (Ceylon), Phd (Cambridge), Phd (Colombo) studied and worked in Universities in Sri Lanka, England and Australia for 38 years. He resigned from Macquarie University (Sydney, Australia) in 1995.

Says Dr Cooray, in his analysis of the current impeachment controversy, "Article 107 specifies that a judge of the Supreme Court cannot be removed from office, "except by Order of the President made after an address of Parliament is presented to the Parliament for her removal". Article 107(2) stipulates that the address of Parliament to the President must be supported by a majority of the total number of Members of Parliament". The full text of Dr Cooray's learned opinions on the impeachment, are published on page 3 in part today in this newspaper, to be continued on a later date.

He expressed the view that action in relation to the impeachment had proceeded in accordance with the Constitution.

Mark Cooray states pointedly, “Provisions of the Constitution are brief. They may be inadequate. But they are being followed.”

Mark Cooray further states: I ask the question from those who make the assertion that the courts have the power of judicial review, what is the Article which provides court authority to intervene in relation to a procedure which involves the Parliament and the President?

There is no Article which supports judicial review in relation to the address and the President’s order, he states.