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Democracia directa

Sri Lanka

DD002

Democracia Directa a Nivel Nacional

Pregunta	¿Existen disposiciones legales para los procedimientos de Democracia Directa?
Answer:	a. Sí
Respuestas	C:4 "The Sovereignty of the People shall be exercised and enjoyed in the following manner :- (a) the legislative power of the People shall be exercised by Parliament, consisting of elected representatives of the People and by the People at a Referendum; [...] (e) the franchise shall be exercisable at the election of the President of the Republic and of the Members of Parliament, and at every Referendum by every citizen who has attained the age of eighteen years, and who being qualified to be an elector as hereinafter provided, has his name entered in the register of electors." C:79 "The Speaker shall endorse on every Bill passed by Parliament a certificate in the following form :- “This Bill (here state the short title of the Bill) has been duly passed by Parliament.” Such certificate may also state the majority by which such Bill was passed : [...] Provided further that where by virtue of Article 83, the Bill or any provision thereof requires the approval of the People at a Referendum, such certificate shall further state that the Bill or such provision shall not become law until approved by the People at a Referendum." C:80 "(1) Subject to the provisions of paragraph (2) of this Article, a Bill passed by Parliament shall become law when the certificate of the Speaker is endorsed thereon. (2) Where the Cabinet of Ministers has certified that any Bill or any provision thereof is intended to be submitted for approval by the People at a Referendum or where the Supreme Court has determined that a Bill or any provision thereof requires the approval of the People at a Referendum or where any Bill is submitted to the People by Referendum under paragraph (2) of Article 85, such Bill or such provision shall become law upon being approved by the People at a Referendum in accordance with paragraph (3) of Article 85 only when the President certifies that the Bill or provision thereof has been so approved. The President shall endorse on every Bill so approved a certificate in the following form : - “This Bill/provision has been 21[duly approved by the People at a Referendum.” No such certificate shall be endorsed by the President on a Bill – (a) in any case where no petition is filed challenging the validity of the referendum at which such bill was approved by the People, until after the expiration of the period within which a petition may be filed, under the law applicable in that behalf, challenging the validity of such referendum: (b) in any case where a petition is filed challenging the validity of the Referendum at which such Bill was approved by the People, until after the Supreme Court determines that such Referendum was valid.]" C:83 "Notwithstanding anything to the contrary in the provisions of Article 82— (a) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with any of the provisions of Articles 1, 2, 3, 6, 7, 8, 9, 10 and 11, or of this Article, and (b) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with the provisions of paragraph (2) of Article 30 or of paragraph (2) of Article 62 which would extend the term of office of the President or the duration of Parliament, as the case may be, to over six years, shall become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present), is approved by the People at a Referendum and a certificate is endorsed thereon by the President in accordance with Article 80." C:85 "(1) The President shall submit to the People by Referendum every Bill or any provision in any Bill which the Cabinet of Ministers has certified as being intended to be submitted to the People by Referendum, or which the Supreme Court has determined as requiring the approval of the People at a Referendum if the number of votes cast in favour of such Bill amounts to not less than two-thirds of the whole number of Members (including those not present). (2) The President may in his discretion submit to the People by Referendum any Bill (not being a Bill for the repeal or amendment of any provision of the Constitution, or for the addition of any provision to the Constitution, or for the repeal and replacement of the Constitution, or which is inconsistent with any provision of the Constitution), which has been rejected by Parliament. (3) Any Bill or any provision in any Bill submitted to the People by Referendum shall be deemed to be approved by the People if approved by an absolute majority of the valid votes cast at such Referendum: Provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall be deemed to be approved only if approved by not less than one-third of the whole number of such electors." C:86 "The President may, subject to the provisions of Article 85, submit to the People by Referendum any matter which in the opinion of the President is of national importance." C:87 "(1) Every Referendum shall be conducted by the Commissioner of Elections who shall communicate the result thereof to the President. (2) Parliament shall by law provide for all matters relating to the procedure for the submission of Bills and of matters of national importance to the People by Referenda, the register of electors to be used at a Referendum, the creation of offences relating thereto and the punishment therefor, and, all other matters necessary or incidental thereto." C:120 "The Supreme Court shall have sole and exclusive jurisdiction to determine any question as to whether any Bill or any provision thereof is inconsistent with the Constitution: Provided that- (a) in the case of a Bill described in its long title as being for the amendment of any provision of the Constitution, or for the repeal and replacement of the Constitution, the only question which the Supreme Court may determine is whether such Bill requires approval by the People at a Referendum by virtue of the provisions of Article 83; (b) where the Cabinet of Ministers certifies that a Bill which is described in its long title as being for the amendment of any provisions of the Constitution, or for the repeal and replacement of the Constitution, intended to be passed with the special majority required by Article 83 and submitted to the People by Referendum, the Supreme Court shall have and exercise no jurisdiction in respect of such Bill ; (c) where the Cabinet of Ministers certifies that any provision of any Bill which is not described in its long title as being for the amendment of any provision of the Constitution, or for the repeal and replacement of the Constitution is intended to be passed with the special majority required by Article 84, the only question which the Supreme Court may determine is whether such Bill requires approval by the People at a Referendum by virtue of the provisions of Article 83 or whether such Bill is required to comply with paragraphs (1) and (2) Of Article 82; or (d) where the Cabinet of Ministers certifies that any provision of any Bill which is not described in its long title as being for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution is intended to be passed with the special majority required by Article 84, the only question which the Supreme Court may determine is whether any other provision of such Bill requires to be passed with the special majority required by Article 84 or whether any provision of such Bill requires the approval by the People at a Referendum by virtue of the provisions of Article 83 or whether such Bill is required to comply with the provisions of paragraphs (1) and (2) of Article 82." C:123 "(2) Where the Supreme Court determined that the Bill or any provision thereof is inconsistent with the Constitution, it shall also state- [...] (c) whether such Bill or any provision thereof requires to be passed by the special majority required under the provisions of paragraph (2) of Article 84 and approved by the People at a Referendum by virtue of the provisions of Article 83," C:130 "The Supreme Court shall have the power to hear and determine and make such orders as provided for by law on – (a) any legal proceeding relating to 39[election of the President or the validity of a referendum]. (b) any appeal from an order or judgment of the Court of Appeal in an election petition case : Provided that the hearing and determination of a proceeding relating to the 40[ election of the President or the validity of a referendum shall be] by at least five Judges of the Supreme Court of whom, unless he otherwise directs, the Chief Justice shall be one."
Fuente	Constitution, Art. 83, 85, 86: http://www.parliament.lk/constitution/constitution.jsp (2012); The Referendum Act of 1981: http://www.commonlii.org/lk/legis/num_act/ra7o1981166/index.html (2012)
Verificado	2016/02/15

DD003

Referendos obligatorios

Pregunta	¿Existen disposiciones legales para referendos obligatorios?
Answer:	a. Sí
Respuestas	C:79 "The Speaker shall endorse on every Bill passed by Parliament a certificate in the following form :- “This Bill (here state the short title of the Bill) has been duly passed by Parliament.” Such certificate may also state the majority by which such Bill was passed : [...] Provided further that where by virtue of Article 83, the Bill or any provision thereof requires the approval of the People at a Referendum, such certificate shall further state that the Bill or such provision shall not become law until approved by the People at a Referendum." C:80 "(1) Subject to the provisions of paragraph (2) of this Article, a Bill passed by Parliament shall become law when the certificate of the Speaker is endorsed thereon. (2) Where the Cabinet of Ministers has certified that any Bill or any provision thereof is intended to be submitted for approval by the People at a Referendum or where the Supreme Court has determined that a Bill or any provision thereof requires the approval of the People at a Referendum or where any Bill is submitted to the People by Referendum under paragraph (2) of Article 85, such Bill or such provision shall become law upon being approved by the People at a Referendum in accordance with paragraph (3) of Article 85 only when the President certifies that the Bill or provision thereof has been so approved. The President shall endorse on every Bill so approved a certificate in the following form : - “This Bill/provision has been 21[duly approved by the People at a Referendum.” No such certificate shall be endorsed by the President on a Bill – (a) in any case where no petition is filed challenging the validity of the referendum at which such bill was approved by the People, until after the expiration of the period within which a petition may be filed, under the law applicable in that behalf, challenging the validity of such referendum: (b) in any case where a petition is filed challenging the validity of the Referendum at which such Bill was approved by the People, until after the Supreme Court determines that such Referendum was valid.]" C:85 "(1) The President shall submit to the People by Referendum every Bill or any provision in any Bill which the Cabinet of Ministers has certified as being intended to be submitted to the People by Referendum, or which the Supreme Court has determined as requiring the approval of the People at a Referendum if the number of votes cast in favour of such Bill amounts to not less than two-thirds of the whole number of Members (including those not present). (2) The President may in his discretion submit to the People by Referendum any Bill (not being a Bill for the repeal or amendment of any provision of the Constitution, or for the addition of any provision to the Constitution, or for the repeal and replacement of the Constitution, or which is inconsistent with any provision of the Constitution), which has been rejected by Parliament. (3) Any Bill or any provision in any Bill submitted to the People by Referendum shall be deemed to be approved by the People if approved by an absolute majority of the valid votes cast at such Referendum: Provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall be deemed to be approved only if approved by not less than one-third of the whole number of such electors."
Fuente	Constitution, Art. 83, 85: http://www.parliament.lk/constitution/constitution.jsp (2012); The Referendum Act of 1981: http://www.commonlii.org/lk/legis/num_act/ra7o1981166/index.html (2012)
Verificado	2016/02/15

DD004

Referendos opcionales

Pregunta	¿Existen disposiciones legales para referendos opcionales?
Answer:	a. Sí
Respuestas	C:86 "The President may, subject to the provisions of Article 85, submit to the People by Referendum any matter which in the opinion of the President is of national importance."
Fuente	Constitution, Art. 86: http://www.parliament.lk/constitution/constitution.jsp (2012); The Referendum Act of 1981: http://www.commonlii.org/lk/legis/num_act/ra7o1981166/index.html (2012)
Verificado	2016/02/15

DD005

Iniciativas ciudadanas

Pregunta	¿Existen disposiciones legales legal para las iniciativas ciudadanas a nivel nacional?
Answer:	b. No
Respuestas
Fuente	Constitution: http://www.parliament.lk/constitution/constitution.jsp (2012); Official Website of the Department of Elections: http://www.slelections.gov.lk/ep.html (2012)
Verificado	2016/02/15

DD006

Iniciativas Legislativas

Pregunta	¿Existen disposiciones legales sobre la propuesta legislativa ciudadana a nivel nacional?
Answer:	b. No
Respuestas
Fuente	Constitution: http://www.parliament.lk/constitution/constitution.jsp (2012); Official Website of the Department of Elections: http://www.slelections.gov.lk/ep.html (2012)
Verificado	2016/02/15

DD007

Revocatorias

Pregunta	¿Existe alguna disposición legal para las revocatorias?
Answer:	b. No
Respuestas
Fuente	Constitution: http://www.parliament.lk/constitution/constitution.jsp (2012); Official Website of the Department of Elections: http://www.slelections.gov.lk/ep.html (2012)
Verificado	2016/02/15

DD129

Referendum vinculante

Pregunta	¿Los resultados del referéndum son siempre vinculantes, nunca vinculantes o algunas veces vinculante?
Answer:	a. Siempre vinculante
Respuestas
Fuente	Constitution, Art. 83, 85, 86: http://www.parliament.lk/constitution/constitution.jsp (2012); The Referendum Act of 1981: http://www.commonlii.org/lk/legis/num_act/ra7o1981166/index.html (2012)
Verificado	2016/02/15

DD130

Los referéndums nacionales tratan sobre

Pregunta	¿Las cuestiones a votar en un referéndum son sólo cambios constitucionales, otros temas únicamente o ambos?
Answer:	c. Cuestiones constitucionales y otras (ambos)
Respuestas
Fuente	Constitution, Art. 83, 85, 86: http://www.parliament.lk/constitution/constitution.jsp (2012); The Referendum Act of 1981: http://www.commonlii.org/lk/legis/num_act/ra7o1981166/index.html (2012)
Verificado	2016/02/15

DD131

Democracia Directa a nivel sub-nacional

Pregunta	¿Existe alguna disposición legal para la democracia directa a niveles sub-nacionales (regional o local)?
Answer:	b. No
Respuestas
Fuente	Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verificado	2016/02/15

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