Why Dicey Fails in the Modern Constitutions?

The Rule of law is an ancient concept which had different meaning in different times in the history. The Phrase can be traced back to 17th century but a stable definition was given to it in the 19th Century by British Jurist A.V. Dicey.

Albert Dicey emphasized three aspects of it by giving three meaning to the Rule of Low.

His three meaning are as below.

1. No one can be punished or made to suffer except for a breach of law proved in an ordinary court.
2. No one is above the law and everyone is equal before the law regardless of social, economic or political status.
3. The rule of law includes the results of judicial decisions determining the rights of private persons.

But in the present constitutions of the world these are not applied in it purest form. Why..............

Just take the present Sri Lankan constitution (1978) as an example.

• Supremacy of the law is no longer recognized. Its the supremacy of the Parliament now.
• Specific regular law is not for everyone. For example Ministers are vested with powers which are not questionable by the courts.
• Primary functions of the state has changed and a new role of Executive has introduced. This affect to the Dice's first meaning in two ways. One is Executive branch of government has wide discretionary powers. Secondly due to vast power executing the Executive regular law is not certain as at Dices.

These same goes with the second and third meanings too.

Reading a Book and Watching a Film - The connection.

Probably you may remember the film 'The Last Airbender' written and directed by M. Night Shyamalan. It was an American fantasy adventure.

The book 'Mind into Matter' written by Fred Alan Wolf ,Ph.D. is in the category of Science and Spirit.

What is the similarity of these two. The only similarity one could find is both are fantacy in the eye of a layman.

But this article is about the connection I found between these two.

I happend to be watched the file back in 2010. It's kind of a film which made me think of some possibilities for the filme to be a real story other and simply a fantasy. Although it was recognized as an immature work, it had the quality of making people think. (The same quallity which Hans Christian Andersen stories' have.)

The book is about the new alchemy of science and spirit. According to the author, Alchemy is not what it is meant in todays vocabulary.

According to his reseach Alchemist were a cult of scientist who were

trying to convert things into different forms of things.

(He goes on to say the dictionary meaning of'chemistry which had its object to transmutation of base metals into gold' was used to hidden the true nature of their experiments.)

This book was with me since 2006 but started to read it in this year. (I am a kind of book worm and this is an exceptional case;))

Both of these works spoke about basic elements; earth, air, fire and water (first mentioned by Empedocles-450 B.C.).Everything in the universe is made from different combinations of these fundamentals.

One hundred years after Empedocles, Aristotle asserted that each of the primary elements is composed of a mixture of two qualities taken from a list of four: hot, dry, moist and cold.

For an example fire is dry and hot ,air is hot and moist, water is moist and cold while earth is cold and dry.

To transform a substance, we would need to change the qualities in the elements making up the substance. This is the fundamental in the film. So I am assuming the benders as alchemist. (It gives the meaning. Isn't it?)

Although the film stops right there the book goes far beyond into introducing the new Alchemy from the Ancient Greek Alchemy.

This article stops right there for the moment till I complete my reading . Needless to say it consumes more time than I thought at first. The process of understanding rather than reading is comparatively slow since this is my very first encounter with a book about Alchemy and Spiritual Science.

31st of December 2011

In a couple of hours year 2011 will be no more. 31st December is always the most memorable day of the year other than the 1st of January.

If people never came up with time, day, year and Calender concept it is nothing. But they came up with the concept and continued. It's good thing alright.

But what if we can re-invent the time. It is what most of the successful or innovative people have done. They simple do not go with the common peoples timing.

In other words, what media says is not always the best. Each and everyone should think and know what is best for them without blindly following the TV, Radio or Facebook. It's always a good day to summarize the activities happened during the year and identify the pattens.

Have you done what you need to do this year? or are you one of the people who blindly follow the others or are you one of the rare people who keep your own track of timing and do what is best for you and the society?

If you haven't thought about this ....Start afresh! Be the unique person who will achieve all the set aims for the time you set for yourself.

Adios 2011!!

Water World

Commonwealth Short Story Competition 2011

The Conscience.

By Surangi Tissera

Vindya never thought she was living with this sort of people in all her life. How she admired the world and the people. It seems all these years she was living in a fairyland. All of a sudden, Satan has become the ruler and once a heaven like her sweet world has transformed into a hell.

How? Or at least when this happened? Nothing comes to her mind. Lately, she was thinking deeply about everything took place in her life.

Being the eldest child of a middle class family; she had all the necessary attention. In fact, she was the apple of the eyes of her parents.

Vindya is a fair girl with a thick long black hair comparable to a fairy queen. If she was a common dumb child; she could have been a spoiled lass by now. But she had a conscience with a brilliant brain. She knew what she should and should not do, what sort of friends she should have and with whom she should not hangout.

However, she wasn’t sure what the sole mission in her life. Then she wondered whether others also think why they do or don’t do certain things. Yet, it was too early for her to understand about the world she lives.

At the beginning her world had just three: father, mother and a little puppy called “Tommy”. When Tommy was killed by a road accident, she had just celebrated her 2^nd birthday. “Death”, was a new word to her vocabulary and a new concept to think. Although her mother brought her a new talking doll and her favorite ice cream; she wasn’t playing as usual. Instead, she wanted an explanation from her mother. But, her mother was more concern about Vindya not doing what she supposed to do.

“Babies should play with toys”, said mother repeatedly until Vindya get board with her own questioning.

She thought; her parents worrying because she no longer plays as usual. Vindya did the best she could. On the very next morning, she sang the sweetest song she knew to her father before he went off to work. Then she started dressing dolls and making tea-parties with them. She wanted her parents to thinks that they got their baby back; with the way they wanted. But, nobody understood her struggle with her conscience. Vindya continued her acting.

She got a sister and a brother, when she was eight years old. Her parents were so busy with their new born twin babies. At first, Vindya was very pleased to have new siblings. She thought; she could share with them all the things she knew. May be together; they could find answers to all the questions.

But, she was mistaken. They were like all the others; who had no genuine intention other than following the common routings.

Anyway, she will never meet them again.

“Just people without consciences”, she heaves a sigh of relief.

Tomorrow, she will start her journey to the “Universe Conscience Academy” situated in the other side of the universe; to be trained and to become a pre-human. “Human” as they were called, had extinct from the universe many centuries ago. Their creations, robots are ruling the universe and doing their utmost to create the Human artificially. In fact, Vindya is considered as one of higher generations’ robot who could cultivate a human thing called “conscious”.

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This was an entry for the Commonwealth Short Story Cometition 2011.

An Idea to Cool the House

It's scorching these days. A/C , water beds and even walking fans ;-) are the items come to my mind.

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