Coercion(t) — Executive Discretion under Substitution
Aggregate coercive discretion available to the executive over time, as a coupled sum of statutory ceilings weighted by activation, procedural friction and forum access. Motivated by the PTA → PSTA + ICCPR §3 + Online Safety Act + Penal Code charge-swap pattern (2022 →).
Formulae
K(t) = \sum_{i} \; w_{i}(t) \, S_{i} \, \Big[ 1 - f_{i}(t) \Big] \, \Big[ 1 - a_{i}(t) \Big]\Delta K = K_{\text{after}} - K_{\text{before}} \;\; \text{(substitution surplus)}Variables
- K(t)
- Coercion index at era t (dimensionless, 0–1 normalised)
- S_i
- Statutory ceiling of instrument i (max punishment, normalised: death=1.00, life=0.85, 20y=0.60, …)
- w_i(t)
- Activation weight — proportion of charges laid under instrument i in the era
- f_i(t)
- Procedural friction (magistrate review, bail, judicial oversight); 1 = fully checked, 0 = none
- a_i(t)
- Independent-forum access (habeas, HRCSL, UN WGAD); 1 = full, 0 = closed
- ΔK
- Substitution surplus — net coercion added when a repealed instrument is replaced by ≥1 new instruments
Meaning
The Coercion(t) index makes visible what the Substitution Engine hides: when Parliament repeals or narrows one instrument (PTA) and simultaneously enacts several replacements (PSTA §§ 3–5, ICCPR Act §3(1), Online Safety Act §§ 12/16/20, Penal Code §120/291B), the aggregate coercive ceiling available to the executive rises even though each instrument in isolation looks narrower. The friction term f_i captures magistrate review, bail regimes and judicial oversight; the access term a_i captures habeas, HRCSL intake and UN Working Group on Arbitrary Detention (WGAD) reach. ΔK > 0 across the 2022–2026 window is the mathematical fingerprint of substitution.
Interactive sandbox
2022 → 2026 window. The Prevention of Terrorism Act (No. 48 of 1979) is under repeal-and-replace. The 2024 Anti-Terrorism / PSTA draft, ICCPR Act §3(1), Online Safety Act No. 9 of 2024, and Penal Code §§ 120 and 291A–B together form the replacement stack.
The Coercion(t) index counts what each replacement adds — never what is announced as repealed. ΔK > 0 across the transition is the fingerprint of substitution.
Reception forum. ΔK is submissible to the OHCHR Special Rapporteur on Counter-Terrorism, the UN Working Group on Arbitrary Detention (WGAD), and the UN Human Rights Committee under ICCPR periodic review — as a structural indicator of the executive's aggregate coercive ceiling before and after the repeal window.
The index is descriptive, not predictive. It never scores a magistrate, prosecutor, or defendant. It scores the architecture of the statute book.
Anchor literature
- OHCHR — Report of the Special Rapporteur on Counter-Terrorism, A/HRC/40/52/Add.3 (Sri Lanka, 2019)
- ICJ — Sri Lanka's Prevention of Terrorism Act: A Critical Analysis (2018)
- Amnesty International — Old Wine, New Bottle: Sri Lanka's Anti-Terrorism Act (2023)
- UN Working Group on Arbitrary Detention — Country Opinions on Sri Lanka
- Sri Lanka Penal Code (Ordinance No. 2 of 1883, as amended) §§ 52, 53, 120, 291A–B
- ICCPR Act No. 56 of 2007 §3(1)
- Online Safety Act No. 9 of 2024 §§ 12, 16, 20