Rajiva Wijesinha

“ Even when the President can in effect command a majority in the Senate, he will exercise his discretion carefully, since it would be embarrassing to have untoward questioning during the confirmation proceedings. ”

“ Whilst the discretion of the Prime Minister is in theory unlimited, ie he can recommend anyone for appointment by a titular Monarch or President, in practice he is restrained by the possibility that the appointing authority might question the recommendation.
Contrariwise, in an Executive Presidential system, the Executive President appoints, but his discretion is limited by the necessity of obtaining the consent of an appropriate body. The most obvious example of this is the American Senate, which must ratify Presidential appointments, whether to Cabinet or to the Supreme Court. ”

“ What is extraordinary in Sri Lanka is the provision that an elected Executive President should act as the rubber stamp of another body (in some cases, though in others he appoints, with the Constitutional Council having to ratify) . In fact the rubber stamp role was challenged several years ago by President Kumaratunga, who ignored the recommendation of the Constitutional Council regarding an Elections Commission. ”