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Having broadened debate on globalisation and the
rule of law, measures to combat terrorism, judicial activism, and moral
decline and resurgence, the Attorney General of India, Mr Soli Sorabjee
has left Seychelles.
Visiting the country under the Indian Government's
"Distinguished Visitor" programme, Mr Sorabjee delivered the second
annual Radhakrishnan Lecture Series, from Tuesday to Friday last week
(25-28 November).
The Radhakrishnan Lectures are named after the
second Prime Minister of India, who Mr Sorabjee described as "a
nationalist, with an international outlook."
After giving his first lecture, on the rule of law
with reference to globalisation, in which he called for the supremacy of
the law to be recognised in order to safeguard human rights, Mr Sorabjee
next spoke on "Terrorism and measures to combat it, with focus on human
rights obligations."
The lecture was chaired by the Speaker of the
National Assembly, the Honourable Francis MacGregor, who said that today
terrorism cannot escape our attention and must be addressed.
Mr Sorabjee began by discussing the difficulty in
giving a precise definition of terrorism, before suggesting that "it is
more than criminality, it is an assault on fundamental human rights."
He went on to caution, however, that the "war on
terrorism cannot be carried out at the expense of civil liberties," and
held up the example of the American prisoners in the Guantanamo Bay
detention centres, thus far held without trial in what he described as
inhumane conditions.
Mr Sorabjee said that the battle against terrorism
is self defeating if human rights are neglected in the process and
highlighted the need to strike a fair balance.
The Attorney General next focused on the impact of
judicial activism upon a country's constitution, in a lecture chaired by
Chief Justice Vivekanand Allear.
Mr Sorabjee said that judicial activism has both
positive and negative connotations, siting instances where it has been
used to uphold human rights and others where it has undermined
government authority.
He said that, by interpreting the constitution,
judiciary makes the law and that there are rights which are not
specifically enunciated in the constitution but are nevertheless
contained in it.
Having relied principally on examples from India,
Mr Sorabjee pointed out that cases of judicial activism are not
necessarily interchangeable between countries and that it is important
to beware of "judicial chauvinism."
Answering a question at the end of the lecture on
the role of foreign judges Mr Sorabjee explained that as a judge is
answerable to the law, not to the people, their nationality should be of
no consequence, but agreed that the use of fixed term contracts would
help avoid the perception that contract judges made decisions designed
to extend their length of service.
Mr Sorabjee's final lecture was on the decline in
moral values and measures for their renewal.
Mr Sorabjee used corruption as a measure of
national moral decline and said that it is necessary to make corrupt
officials pariahs of society to prove that the society itself does not
condone their actions.
He also stressed the role that parents had to play
in fixing the moral compass of their children.
The final lecture was chaired by Minister for
Education and Youth, Mr Danny Faure, who expressed his thanks to the
Attorney General for having conducted the "highly entertaining and
enlightening," lecture series. |