Common law country update on international humanitarian law: annual update on national legislation, 2010

The article highlights the challenge before the courts to the decision of the parliamentary select committee to remove the former Chief Justice of Sri Lanka in January 2013. Parliament and the President proceeded with the impeachment and removal of the Chief Justice, despite court decisions, on the basis that this was a power specifically granted to the parliament under the constitution. The article examines how the legitimacy of impeachment proceedings of superior court judges can be ensured within the concept of the separation of powers without adversely impacting on the independence of the judiciary and the rule of law.