Rule of Law in the Essence of Common Good in Sri Lanka: A Sri Lankan Case Study

Abstract

Representative democracy arose as a result of the expansion of the population but in antiquity, there was direct democracy where every citizen participated in law-making for their Common Good. This study identifies the judicial body of the government that enforces the principles of the Rule of Law that has adopted direct democracy to a certain extent in the late 20th century, by allowing elected officials in society with real interest to represent another for the Common Good. A number of Case Studies in Sri Lanka and around the world support this thesis statement. With this study, it is evident that this concept primarily arises under Fundamental Right petitions and Writ cases that are called against the whims and fancies of the administrative authority in subjectively using their vested discretionary power disregarding the Common Good. These authorities are given power under the Rule of Law to fulfill the desires of the citizens for the betterment of the state. This qualitative research is primarily supplemented by case laws, and it successfully concludes that the Rule of Law has been a paramount factor and the essence of the concept of Common Good. It is evident with the decided cases where the court has considered the Common Good and the future public benefit of the people by compelling the administrative authorities even when the applicant was in lack of locus standi.