A key component of a democratic society is the active involvement of citizens in governance.
by Ruwantissa Abeyratne
Lex esto, the pillars stand,
Old stones on broken land.
Yet where the cracks of time appear,
Tikkun Olam whispers near.
Now that there are palpable signs of proactive and progressive initial measures being taken by the new government in Sri Lanka, here are some thoughts.
The Latin phrase “lex esto,” meaning “let the law stand,” represents a fundamental idea in governance, suggesting that laws should be stable, serving as the pillars of justice, order, and societal cohesion. In any functional government, laws are indispensable, as they provide the necessary structure and enforce norms. However, in countries where corruption and incompetence have taken root, existing laws often become ineffective or are manipulated to maintain corrupt practices. When a new government takes charge with the intention of transforming such a broken system, it faces the dual challenge of upholding laws that support justice and societal welfare while introducing new legal frameworks to eliminate corruption and increase efficiency.
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| President Anura Kumara Dissanayake |
Closely linked to this is the concept of Tikkun Olam, a Hebrew term, which translates to “repairing the world” or “healing the world.” Rooted in Jewish tradition, it encompasses the idea of improving the world through individual actions, social justice initiatives, and shared responsibility. It calls on both individuals and communities to work towards creating a more ethical, just, and compassionate society, emphasizing the importance of addressing inequalities and showing care for others.
Historically, in Jewish thought, Tikkun Olam was linked to religious, moral, and legal duties, particularly focused on following Jewish laws to “fix” the world. However, its meaning has since expanded into a universal call for justice and humanitarian work, extending beyond religious obligations to include a broader ethical and societal scope.
Today, Tikkun Olam drives social justice efforts, charitable initiatives, environmental sustainability, and other endeavors aimed at reducing suffering and promoting equality. Whether it is through advocating for human rights, supporting disadvantaged groups, or protecting the planet, it reflects the ongoing effort to create a fairer, more peaceful, and balanced world for everyone.
In light of this, the principle of lex esto offers guidance on how to balance the application of established laws with the need for new legislation aimed at reforming a dysfunctional system. This balance is crucial for creating a governance model that is just, transparent, and efficient. Though laws provide essential continuity, they must also be flexible enough to evolve in response to changing moral and social imperatives. This is particularly relevant when considering Tikkun Olam, which is focused on repairing the world, which calls for the active pursuit of justice and restoration of a broken society.
The Rule of Law
The rule of law lies at the heart of any democracy, functioning as the primary tool through which justice is administered, disputes are resolved, and individual rights are upheld. When a new government rises to power, especially after a regime notorious for corruption and incompetence, it must prioritize reestablishing faith in the rule of law. This task begins by reaffirming the principle of lex esto, ensuring that the legal frameworks that promote justice, equality, and public welfare are respected and properly enforced.
A corrupt system does not necessarily reflect inadequacies in the laws themselves but, more often, failures in their application. Laws might be selectively enforced, ignored, or even weaponized. Therefore, a new government must identify which laws have been undermined and restore their integrity. This could involve strengthening judicial independence, eliminating officials complicit in corruption, and ensuring that laws are enforced without political influence.
To truly uphold lex esto in a corrupt system, the new government must focus on enforcing laws that had previously been disregarded or misused. These laws often include those that deal with transparency, public accountability, anti-corruption efforts, and the protection of human rights. For instance, many countries with corrupt systems already have anti-corruption laws in place, but their enforcement is often undermined by political interference. A newly established government must demonstrate its dedication to the rule of law by ensuring that these laws are applied consistently and effectively.
Part of this effort involves creating independent bodies like anti-corruption agencies and watchdog organizations with the power to investigate and prosecute officials, regardless of their status or political connections. Strengthening whistleblower protections is also critical, as it encourages individuals to expose corruption without fear of retribution. Additionally, ensuring transparency in public contracts by subjecting them to public scrutiny can help curb corruption, which frequently thrives in the opaque processes of large-scale government procurement.
In many corrupt systems, laws designed to protect vulnerable communities—such as those focused on human rights and social justice—are often ignored or undermined. A government serious about reform must recommit to enforcing these laws, ensuring they protect minorities, promote access to essential services like healthcare and education, and guarantee fair labor practices. This demonstrates the government’s commitment to justice not just for the elite but for all its citizens.
While lex esto emphasizes the importance of upholding existing laws, it is also essential to recognize that some laws may be outdated or insufficient, and in some cases, even complicit in maintaining corrupt practices. In such instances, the government must introduce new laws that reflect values such as transparency, accountability, and social justice.
Accountability
One of the most effective ways to prevent corruption and inefficiency is to embed accountability within the legal system. Public officials, including both elected representatives and civil servants, should be held accountable for their actions through laws that mandate regular financial disclosures, for instance. Such disclosures ensure transparency by helping to detect conflicts of interest. New laws could also impose term limits on elected officials to prevent the concentration of power and create a system that encourages fresh leadership and perspectives.
Regular audits of government agencies and officials should be made mandatory by law, with consequences for those found engaging in corrupt practices or underperforming in their duties. Similarly, the government should strengthen protections for whistleblowers and journalists. In corrupt systems, those who expose wrongdoing often face harassment, violence, or even death. New legislation could include anti-SLAPP (Strategic Lawsuits Against Public Participation) measures to protect individuals from being silenced by powerful entities. Whistleblower protections might also include mechanisms for anonymous reporting to protect those who might otherwise face retaliation.
My Take
A key component of a democratic society is the active involvement of citizens in governance. A new government should focus on laws that encourage citizen participation, offering mechanisms like referendums and initiatives that allow people to propose or repeal laws directly. This enhances the democratic process and gives citizens a more active role in shaping their government. Open data laws could also be implemented, requiring the government to publish detailed information about its activities, budgets, and decision-making processes in an accessible format. Such transparency allows civil society organizations and citizens to monitor government operations effectively.
In the effort to reform a corrupt and incompetent system, lex esto must be considered alongside the recognition that laws, though enduring, are not fixed. As societies evolve, so too must their legal systems, particularly when these systems have been compromised or fail to address new challenges. The Jewish principle of Tikkun Olam, meaning “repairing the world,” encourages the active pursuit of justice and the restoration of broken systems, including legal ones.
For a new government, embracing Tikkun Olam means recognizing when existing laws fail to serve the public good and taking steps to amend or replace them. This could involve revisiting colonial-era laws that may still exist in post-colonial states, perpetuating injustice or inequality. Reforming such laws to reflect modern values of dignity and equality is crucial. Additionally, new laws must address economic systems that disproportionately benefit the wealthy at the expense of the poor. Economic justice can be pursued by promoting fair wages and creating opportunities for all citizens to prosper.
While lex esto emphasizes stability, the legal system must also be dynamic, evolving to remain a tool for justice and fairness. Periodic reviews of laws should be mandated to ensure they still serve their intended purposes and are not being misused. The lawmaking process must also be inclusive, involving marginalized communities to ensure new laws reflect the needs and aspirations of all citizens.
Ultimately, lex esto serves as a guiding principle for a government seeking to transform a corrupt system, providing a foundation for order and justice. However, as this analysis shows, the principle must be balanced with the need for reform and adaptation, as well as the pursuit of justice through Tikkun Olam. By rigorously applying existing laws that promote transparency, accountability, and social justice while enacting new ones to address deficiencies, the new government can begin the process of transforming a broken system into one that serves the common good.
Dr. Abeyratne teaches aerospace law at McGill University. Among the numerous books he has published are Air Navigation Law (2012) and Aviation Safety Law and Regulation (to be published in 2023). He is a former Senior Legal Counsel at the International Civil Aviation Organization.
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