States of Emergency - Centre for Policy Alternatives

extension requires a special majority of 60 per cent, following a
public debate in the legislature.
The discretion of the President to revoke a proclamation of
emergency is implicit in both Article 155 of the constitution and
the PSO. SpeciLically, Section 2 (5) provides that upon revocation
of a proclamation within a period of fourteen days of it being
made, any further proclamation made within fourteen days of the
original proclamation shall only come into force upon
parliamentary approval. By providing for termination before
expiry by operation of law, the Sri Lankan law seems to meet
international standards, although an objective legal description of
the conditions that would necessitate a termination
notwithstanding the discretion of the executive would be an
improvement of the framework, by structuring administrative
discretion.
5.4.3
Legal
Effects
The main questions in this regard are as follows: which elements
of the normal constitutional order are affected, in whole or in part,
or suspended (if at all) by an emergency declaration What
constitutionally protected fundamental rights may be limited or
derogated from 325 How does the institutional balance of the
constitutional order change Do emergency powers permit
constitutional amendments
The main change in the institutional architecture under a state of
emergency in Sri Lanka is the grant of extensive legislative powers
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This is dealt with in detail in Chapter 6 and will not be discussed here
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