Application of Martial law, to override the Human Rights protected by the constitution .

1) Background of the Study After 30 years of dark history, republic of Sri Lanka ended the ethnic conflict. Basically, in year 2009,Sri Lankan forces defeated Tamils tigers and it is revealed,there were 100,000 of innocent civilians massacred in during the war time. These civillinas were lived in terrorsit occupied areas and during the war season,they have become victims of the war. When this activity of forces is come to the question before international community, the government defended and stated ,all the activities done by the forces are justified by the act army and they are not liable to any allegation,eventhough civilians have become the victims of the war. (Lanka Puwath)-1 In accordance with the constitution ,people of the country is supreme and they are having right to life and they are the protecting supremacy of the state (Constitution of Sri Lanka)-2 There is a question emerged ,it is possible to override all the rights of people,which have been protected by the constitution. * Rational For Selection of the Research Area and Research Topic According article 3 of the constitution, In the Republic of Sri Lanka sovereignty is in the People . Sovereignty includes the powers of government and fundamental rights .On the other hand ,in accordance with article 4 of the constitution, 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; (b) the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People; (c) the judicial power of the People shall be exercised by Parliament through courts, tribunals and institutions created and established, or recognized, by the Constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its Members wherein the judicial power of the People may be exercised directly by Parliament according to law; (d) the fundamental rights which are, by the Constitution declared and recognized shall be respected, secured and advanced by all the organs of government, and shall not be abridged, restricted or denied, Therefore,there is clear rationale ,can rights of the people,which protected by the constitution can be breached by the legislative power given by the people.This has become

very important ,to understand the position given for securing the rights of the people in the republic. 2) Research framework Basically,there are three elements are considered in this framework.They are,the constitution of the republic,rights of the people and execution of the power given by the people through legislature.There is direct link in has these elements.That Power of the people has given to the legislature.Every one is bound to the constitution and it is the supremecy of the people and where rights are protected.Army act is an implementation by the legislature ,due to power given by the people.Therefore,there is a query,those rights of the people can be breached through the power of the people given. 3) Research Objective The dissertation aims to investigate place for human rights of the people before peoples constitution.For this purpose,it is focused to following objectives 1. To identify rights secured by constitution 2. To analyse supremacy of constitution and its relationship with people of the republic 3. To identify legislature and its relationship with people 4. To evaluate impact between constitution and legislature and its reality 5. To identify link between these elements 4) Research Problem The research problem is addressed the research topic describe in the above mentioned.That is, Application of Martial law, to override the Human Rights protected by the constitution . In addition to that, the research intends to clarify impact of implementation by the legislature with the constitution and rights of the people protected within its ambit . Since the research is overall develop to answer following research question.

What is the importance of protecting human rights through the constitution against implementation of the legislature ?

5) Research Scope and Significance Of The Dissertation The concept of human rights are internationally recognised and it is necessary for securing peaceful world.When those rights are breached intentionally,people may stand against to those.In consequence,balance of the society may be collapsed.Therefore,it is significant to study ,what is the place given to human rights within the sri Lankan republic.Basically,this topic is running over constitution of the republic,Human rights and the legislature. (3)

6) Limitation Involved In the Research There are number of issues involved with this research. *It is considered only sri Lankan constitution and implementations of the legislature.There is no consideration on universal application on such issues. *The time limit and research resource will be two limitations facing on conducting the research. * Another limitation will involve in data collection methods,- such as interviews, since face to face interviews are conducted, answers may be biased and sufficient responds will not be received, *Political factor- may be affected to the research .Due to that reason, the qualitative approach in the research may create difficulties in making predictions. 7) Literature Review A literature review is a body of text that aims to review the critical points of current knowledge including substantive findings as well as theoretical and methodological contributions to a particular topic. In this literature review,it is focused to consider on following elements. *Rights of the people in sri Lankan republic-Article 3 and 4 of the constitution explain ,how sovereignty of the People remains with and how to be executed.In addition,expansion of those rights are well dominant through other articles of the constitution such as 10 to 17. *Further,it is important to concern place for the constitution in the country and how its supremacy goes with the people of the republic.Article 4-giving clear idea,how people are giving power to the constitution to be supreme. *Meanwhile,it is worthy to consider,what kind relationship people of the republic is having with legislature and how it has be responded through their law making mechanism.This is clearly explained through article 4-a of the constitution.

8) Research Methodology Methodology indicates to the whole approach to be used, including the underlying philosophy and the rationale. Methodological considerations reflect the personal preference of the researcher, while methods refer to the techniques to be used in the study. (Werbel, 1994) * Research Methods Research methods are conventionally divided into quantitative Research methods and qualitative Research methods and expected Research Methods are Case Study Survey Method

Research Methods This research will be undertaken the case study and survey method. In this approach quantitative Research methods and qualitative Research methods have been been used. The constitution of the republic of sri lanka,Articles,which are secured human rights ,Army act and implementations of legislature are considered.That method of Case study method will provide overall idea about the constitution,human rights and involvement of the legislature in different situations.Further,for the purpose of having more live intrepretations,it is suggested to use survey methods methods such as questionnaires and statistical surveys.Due to Combination of these two methods ,it is enabled the researcher to deliver quality and reliable output with regard to meeting the research objectives. That case study method will be the best method for this research due to limited time, availability of resources & ability to access on information .Due to data collection through questionnaires and statistical surveys,it is really helpful to examine current situation in existence related with these elements. The population of the study will comprise mainly there groups. As a summary .., Population of Sample Attorney -at Laws ,practising in constitutional matters State prosecutors in Constitutional divison in AG Department Sample Size 5 5

Attorney -at Laws ,practising in FR matters

10

Judges of the supreme court Parlimentarians Opposition -5 Government -5 Victims of war crimes

5 10

10

Total

45

Concerning about the sample,it is supposed to use following tools such as the questionnaire, interview, documentation review and statistical model which will give live picture to the study .

 Interviews In order to gain deep understanding of the present situation and its roots,it is more applicable to have interviews with Lawyers practising constitutional matters,Lawyers practising in FR matters and State prosecutors in FR division,.Due to these interviews,it is arranging very good collection of data indicating live picture of the matter with logical base.For the convenience of arranging these interviews,it is supposed to use skype . The Questionnaire It is planned to develop three questionnaires based on the selected three groups, In summary,they are Judges of the supreme court ,Parliamentarians and the victims. Questionnaire Target Sample Group Questionnaire A Judges of the supreme court Questionnaire B Parliamentarians Questionnaire C the victims In this questionnaire is vital for having more relevant data in genuine manner.Basically,judges of the supreme court are having power to interpret law according to the constitution as a middle party without any bias. On the other hand,parliamentarians in the house,are the people involving with forming laws to the country.Their views are really important with regard to legislature involvement and this is going to be more advantageous due to contribution of parliamentarians from governing side and opposition.

Documentation Reviews This another method of finding data related with the research topic.Basically,this can be considered as secondary source. Concerning about the sources, Legislative enactments Constitution Supreme court decisions with regard to interpretations of constitutional matters and FR Matters E-journals are very important.

09)

Data Analysis Techniques

The gathered data will be analysed through by using Statistical calculation and all the questions hope to be developed with five scales as follows ,

Five Scales related with the questionnaires Scale Completely Disagree Weights 5

Mostly Disagree Neutral Mostly Agree Completely Agree

4 3 2 1

*Summary of the Data Analysis Techniques can be presented as follows Techniques Data Analysis Tool Likert scale (Simple Mean, Perceived Mean)

Data presentation Tool Tables and Graphs, 10) Summary of the Research Chapters

Study report will consist of the following chapters. Chapter 1 Introduction: This chapter discusses the background for the study, research problem, research objectives and the significance of the study. Chapter 2 Literature review: This chapter discusses the theoretical basis and practical aspect regarding constitutional approach and the approach of legislature Chapter 3 Methodology: This chapter describes conceptualization of the study, sample selection, approach in data collection and analysis. Chapter 4 Analysis & Findings: This chapter presents the data analysis and the findings thereof.

Chapter 5 Conclusion: A summary of findings, conclusion and recommendations for protecting HR through co existence of constitution and legislature.

11)References 1.(Lanka Puwath) 2. (Constitution of Sri Lanka)-2 3. (Werbel, 1994)

12)Mind map for Research (This is pictorial structure,how to do the research)

13) Research Gnatt chart This is displaying time allocation each step of the research