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States of Emergency - Centre for Policy Alternatives

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CHAPTER
VI<br />

CONCLUSION<br />

“…unseen, inscrutable, invisible,<br />

As a nose on a man’s face, or a weathercock on a steeple”<br />

William Shakespeare, Two
Gentlemen
<strong>of</strong>
Verona, Act II, Sc. 1<br />

This book began by establishing its fundamental analytical<br />

perspective that – to properly accommodate states <strong>of</strong> emergency<br />

within the rule <strong>of</strong> law, and to ensure that fundamental human<br />

rights are protected whilst granting to executive government the<br />

powers necessary to effectively deal with the crisis – the clear<br />

appreciation <strong>of</strong> a distinction between what is ‘normal’ and what is<br />

‘exceptional’ needed to be made. It is only if this distinction is<br />

made that we can think clearly about how to strike the<br />

appropriate balance in the inherent tension between order and<br />

democracy, and make in<strong>for</strong>med policy choices accordingly. More<br />

<strong>of</strong>ten than not however, in Sri Lanka, it is impossible to have a<br />

dispassionate conversation about such choices and alternatives,<br />

because these issues are intimately connected to emotional<br />

debates about broader matters <strong>of</strong> great political signiLicance such<br />

as identity, ethnicity, religion, and history. In the midst <strong>of</strong> violent<br />

conLlict, differences are sharpened, and it becomes increasingly<br />

difLicult to achieve social consensus on such matters as essential<br />

236

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