Pragmatic Approaches Towards Fundamental Rights Litigation Procedure in Srilanka:Challenges and Opportunities

Abstract

Fundamental rights litigation in Sri Lanka plays a crucial role in upholding the constitutional rights of individuals and maintaining the rule of law. This study examines pragmatic approaches, challenges . This study aims to analyse the current landscape of fundamental rights litigation in Sri Lanka, identify key challenges faced by litigants and the judiciary, and explore opportunities for enhancing the effectiveness of legal protections. By examining these factors, the study seeks to provide practical recommendations to improve the227overtiredness of legal processes in safe guarding these rights. The research employs a qualitative method, comprehensive review of case law and legal documents provides context and depth to the qualitative data. The study reveals significant challenges such as difficulties with locus standi and constraints imposed by the “one month rule”. However, it also identifies opportunities such as the public interest litigation, increased involvement of non governmental organization in legal arena, and potential reforms including the pragmatic interpretation of one month rule. These insights underscore the significance of implementing a pragmatic approach to tackle current deficiencies and strengthen the enforcement of fundamental rights within the legal system.