Guest lecture on International Law in Constitutional Manifestos: Transformative Consistency’s Promise as Principal

Guest lecture on International Law in Constitutional Manifestos: Transformative Consistency’s Promise as Principal

Mr. Julian Moti, Barrister at Law, Adjunct Professor and Former Dean,School of Law, Fiji University, was invited by the Seedling School of Law and Governance, Jaipur National University to speak on “International Law in Constitutional Manifestos: Transformative Consistency’s Promise as Principle” on 24th November, 2018.

Mr. Moti had chosen in his personal tribute to Late Prof VS Mani to dwell on the two subjects of their common interest and specialisation by focusing on the intersection of international law and constitutional law. This memorial lecture provides both the venue and vehicle for the first outing of some of my ideas on the transformative creed of constitutions of India, South Africa, Kenya and Fiji. These nations have either adopted constitutional texts or revised them to institute charters for the governance of their (invariably, republican and predominantly third world) polities.

He also talked about India’s inclusion among the Declaration’s 26 original signatories, which could not be overlooked at the time when it still remained a British colony (just as it was when it became a founding member of the League of Nations in 1920). Like the United States, Ireland, and virtually all countries of the Commonwealth of Nations (more than a quarter of humanity), India’s foundational law is derived from the common law of England as received at specific dates in colonial times. In Australia, unlike the United States, in part because of the integrated appellate structure of the judiciary provided by the Constitution, there is a single common law, not separate common laws of the several states and territories. The only point he wanted to make is that the constitutional division of labour has allocated responsibility for transformation of Indian law by international law to parliamentary control of executive initiative, under judicial scrutiny for constitutional compliance and consistency.

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