Chief Justice gives checklist to make Sri Lanka a “Just Republic”

Chief Justice Murdu Fernando, PC 

• In address at BASL Legal Symposium calls for ethical integrity, Constitutional values, and collaborative legal development

Addressing the inaugural session of the Bar Association of Sri Lanka (BASL) Legal Symposium 2025, Chief Justice Murdu Fernando, PC, emphasised the importance of ethical integrity, Constitutional values, and collaborative legal development in steering Sri Lanka towards a “Just Republic.”

This was the first Legal Symposium of the BASL held after the assumption of office by Rajeev Amarasuriya as the President of the Association.

In her keynote address, Fernando expressed appreciation to the BASL for organising these Legal Symposiums and commended its efforts to engage outstation branches with the same vigour as its metropolitan counterpart. “This symposium, hosted in the South, amply showcases the BASL’s recognition of its outstation branches,” she noted, praising the inclusive outreach.

The Chief Justice urged continued commitment from the BASL in advancing justice, describing the symposium as a gathering “united by a shared commitment for the advancement of justice in Sri Lanka or a ‘Just Republic.’”

Reflecting on rising public concerns about the legal system, she acknowledged the challenges posed by archaic or unresponsive laws. “Some speak up stemming from their fair share of disappointment, some talk to correct them, some to make a mockery of the legal system,” she said, underscoring the need for legal renewal in an evolving society.

She emphasised that the law must begin with its “moral compass,” pointing to ethics as the foundation of justice. “Ethics are not a burden—it is the heartbeat of our profession. If we lose it, we lose the legitimacy of our very system which we tend to serve.”

Highlighting the importance of harmony between the Bench and Bar, she stated that “institutional bridges need be built,” adding that, “diverse views should be tolerated” in pursuit of a resilient judicial system. Fernando urged for a culture of respectful engagement rooted in Constitutional values.

Turning to the Constitution, the Chief Justice described it as “the central law of the land,” likening it to the bark of a tree—“the bridge between the roots, the values of our culture and heritage, and the branches, which are the legal texts and statutes.”

Quoting American jurist Oliver Wendell Holmes, she reminded the audience that “the life of the law has not been logic: it has been experience,” arguing that legal development must be responsive to the country’s changing social and technological realities. “Sri Lanka cannot afford a judicial system frozen in time,” she stressed.

She emphasised that the judiciary must not only defend the Constitution but also act as its active stewards. “If the Constitution is the beating heart of our country, then the citizens who are sheltered by it will be the blood that flows along its veins.”

In support of this view, she cited the renowned legal philosopher H.L.A. Hart: “What surely is most needed in order to make men clear sighted in confronting the official abuse of power, is that they should preserve the sense that the certification of something as legally valid is not conclusive of the question of obedience; its demands must in the end be submitted to a moral scrutiny.” This, Fernando stated, demands that legal validity be rooted in ethical legitimacy.

In strong support of the BASL’s mission, she praised the BASL as a “guardian of standards and a conscience of the profession,” highlighting its unique position to influence both legal reform and the ethical climate of the country. “At its finest, it has proven how a professional association may also function as the legal system’s conscience.”

The Chief Justice recognised the BASL’s efforts to eliminate regional and social inequities within the legal community and promote diversity. “Justice, in order to be truly accessible, must begin with a legal profession that represents the variety of the people it serves.”

Calling for continued vigilance and independence from the BASL, she urged the Association to never become “an instrument of expedience,” but rather a principled institution willing to “speak truth to power as a matter of principle.”

Concluding her address, Fernando quoted Justice C.G. Weeramantry: “Law is too important to be left to lawyers alone. It must engage the minds and hearts of the whole people.” She reaffirmed the judiciary’s and BASL’s shared duty to build a legal culture based on “principle, courage, and compassion.”

“This Legal Symposium,” she concluded, “will be a crucial step in ensuring this commitment. May it be more than a conversation but the start of a renewal, for justice denied anywhere diminishes justice everywhere.”