comparative constitutional law accords as an opportunity to seek Excellency and promote constitutionalism and good governance -Hon’ble Shadrack J Mose, Solicitor General of the Republic of Kenya

Amity University organised two days 
INTERNATIONAL CONFERENCE ON COMPARATIVE LAW, 2024.  The valedictory ceremony commenced with the welcome of the distinguished guests. The welcome was done by Dr. Sumitra Singh, Associate Professor, Amity Law School, Noida. The guests consisted of Hon’ble Mr Shadrack J. Mose, Solicitor General of the Republic of Kenya, Mr Alfred Tuah-Yeboah, Deputy Attorney General and Minister for Justice, Ghana, Hon’ble Ms Najat Abou Chacra, Investigative Judge, Military Court, Beirut, Lebanon, Mr Rajesh Ramloll SC, Deputy Solicitor General of Mauritius, Mr N. Venkataraman, Additional Solicitor General of India, Dr. Ashok Chauhan, Hon’ble Founder President, Amity University, Dr. Atul Chauhan, Hon’ble Chancellor, Amity University, Uttar Pradesh. The welcome was followed by invocation & lightening of the lamp and a virtual presentation of tulsi sampling. This ceremony was held online on Zoom.

Prof. (Dr.) Aditya Tomer, Joint HoI, Amity Law School, Noida addressed the gathering and thanked the various dignitaries for sparing their valuable time for the event. He stated that law is developed and evolved in many ways comparing the laws of different nations or even cultures provides a unique way to develop law in a better manner. He also thanked all the esteemed guests from different parts of the country and overseas, the students, the teaching, and the non-teaching staff for attending this event in online and offline mode.

Prof. (Dr.) D. K. Bandyopadhyay, Chairman, Amity Law School, Noida, Chief Adviser (FPO, Amity Group)expressed his privilege to be a part of this conference. He quoted “India is such a country where many people come, many contribute, many learn out of the country, they give something to us and take something from us and this is the nobleness of our country”. He thanked dignitaries on behalf of the whole Amity family and congratulated the organizing committee, volunteers, and staff.

Hon’ble Shadrack J Mose, Solicitor General of the Republic of Kenya, expounded upon the topic of comparative constitution, and he spoke about the constitution of Kenya and its reforms. He also spoke about the socio-economic rights of the people. He highlighted all the constitutional evolution of Kenya. Against the backdrop of rapid cultural change and technological acceleration. Countries continue to face similar governance problems, even with different cultural, political, religious, and legal histories. Similarities and differences provide a basis for continued comparative ability, esteemed colleagues as we celebrate and share experiences from the study of comparative constitutional law and its outcome. He stated that he encourages people to be guided by the words of Abraham Lincoln. He has the right to criticize who has had to help. He concluded by saying that he wishes to reiterate that comparative constitutional law accords as an opportunity to seek Excellency and promote constitutionalism and good governance aimed at promoting the common good at the national and international levels. He expressed his immense gratitude to be a part of this conference and thanked Amity Law School, Noida.

Mr. Alfred Tuah-Yeboah, Deputy Attorney General and Minister for Justice, Ghana,addressed the gathering bystating that he was humbled and honoured to be a part of the conference organized by one of the finest universities of India. He talked about the historical background of the constitution of Ghana and provided insights into the judiciary system of Ghana. He appraised “International law and diplomacy”.

He presented to the audience the beautiful republic of Ghana, situated in West Africa along the Gulf of Guinea. He provided information about Ghana and mentioned that it is home to approximately 34.5 million people. To delve into the constitutional history of Ghana, he proposes taking the audience back in time for a better appreciation of how the constitution has endured. Independence was achieved in 1957, adopting the British governance system, with Dr Kwame Nkrumah as the first Prime Minister under the 87 constitution.

He went back in history to explain that in 1960 Ghana transitioned to its first republican constitution during Kwame Nkrumah’s presidency, removing the British monarch’s control. Subsequently, the country faced military interventions, leading to the abrogation of the constitutional dynasty in 1966. Ghana then adopted another constitution, following the Westminster type of government, with a Prime Minister and a ceremonial president. However, this constitution was also toppled in 1972 by another military intervention.

The period from 1972 to 1979 saw military rule, with elections held in 1979 under a new constitution. This constitution established a presidential system of government, devoid of a Prime Minister. Unfortunately, by 1981, another military intervention led to the abrogation of this constitution, keeping Ghana under military rule until 1992.

He further added that in 1992, Ghanaians, led by the late John Rollins, came together to formulate a new constitution. This 1992 Constitution was emphasized as resilient and withstood the test of time. Under this constitution, Ghana operates a presidential system with an executive president appointing cabinets and ministers. The separation of powers among the executive, judiciary, and legislature is outlined, noting a lack of a watertight separation, particularly due to the fusion of the executive and legislative branches.

In its role as a democratic state, Ghana’s 1992 Constitution includes detailed provisions on civil liberties, dedicating an entire chapter to these rights. The constitution enshrines fundamental rights and liberties, emphasizing its commitment to upholding civil liberties within the democratic framework. He concluded by thanking the organizers for making him a part of this conference.

Hon’ble Ms. Najat Abou Chacra, Investigative Judge, Military Court, Beirut, Lebanon stated that she is privileged to be a part of this conference. She talked about “human rights in the Lebanese constitution. She spoke about different articles which enlightened us about the constitution of Lebanon. She touched upon the topic of criminal and civil laws as well. The focus centred on the Lebanese constitution of 1990, post-Civil War, particularly emphasizing articles related to human rights. She narrowed the focus to Article Seven, highlighting equality before the law. She subsequently delved into various constitutional articles, such as Article Eight concerning individual liberty, and Article 10 regarding the right of conscience.

She accentuated the absence of explicit litigation rights, notably in guaranteeing fair prosecution and trial. She mentioned about the Code of Criminal Procedure and penal code filling these gaps, addressing rights like the right to remain silent, legal assistance, and appeal. Economic and political rights, such as the right to work and self-determination which are not expressly stipulated in the constitution but are considered fundamental by Lebanon, aligning with international conventions and the Universal Declaration of Human Rights.

The preamble of the Lebanese constitution asserts Lebanon’s commitment to the United Nations Organization and the Universal Declaration of Human Rights. The Constitutional Council affirms that these principles hold constitutional value, treating them as integral to the constitution itself. The duty of the government and judiciary to respect and implement international conventions is highlighted, even when not explicitly outlined in domestic laws. The Constitutional Council further establishes that the right to work and the right to self-determination are fundamental rights emphasizing their constitutional importance.

In conclusion, she asserted that Lebanon, as a state, its government, and its judiciary uphold international conventions safeguarding human rights demonstrating a commitment to principles beyond those explicitly outlined in constitutional or ordinary laws. She felt deeply honoured and thanked the organizing committee.

Mr Rajesh Ramloll SC, Deputy Solicitor General of Mauritius commenced addressing the audience by showing his gratitude to Dr. Sumitra Singh for welcoming him. He stated that he would be talking about the issue of artificial intelligence, technology, and its impact on access to justice. The intersection of AI technology and access to justice is a complex and evolving issue globally including in Mauritius. Training legal professionals in AI and technology can enhance their capabilities and improve the overall legal system. There may be challenges in ensuring that legal professionals have the necessary skills and understanding of AI tools. Additionally, efforts should be made to prevent a digital skills gap. Technology can reduce costs associated with legal processes, making legal services more affordable. The initial costs of implementing AI systems and technology can be high. Ensuring that the benefits reach all segments of society, especially those with limited financial resources, is crucial. He further spoke about how AI is aiding in achieving success in the legal justice system quoting a statistic of 94%. First Ai has the potential to bring and defend without legal representatives. He cited various interpretations of the Civil Court Structure Review Report 2016.

He further enlightened the audience by stating that AI-powered tools can quickly analyse vast legal databases, statutes, and case law to provide legal professionals with relevant information, precedents, and insights. Automated legal research tools can assist individuals in understanding their legal rights, obligations, and potential courses of action. He also added that AI can automate the creation and management of legal documents, reducing the time and cost associated with manual document drafting. He further stated that AI algorithms can analyse historical case data to predict potential case outcomes, helping legal professionals and litigants make more informed decisions.

He concluded by stating that there are various issues as well in using AI in the access to justice. He stated that nonetheless, AI has amazing tools, but human intelligence is way more significant in comparison to AI tools. He ended his speech by thanking the organizers of this conference.

Dr. Ashok K. Chauhan, Hon’ble Founder President, Amity Education Group, Ritnad Balved Education Foundation; Chairman, AKC Group of Companies, addressed the gathering after Dr. Sumitra Singh introduced him to the audience. He commenced by stating that this conference is always very close to his heart as this conference makes the students reach knowledge at an international level. He further stated that he carefully listened to the speech of the esteemed guests, especially Mr Rajesh Ramloll SC, Deputy Solicitor General of Mauritius and expressed his proposal by requesting Mr Rajesh Ramloll SC to provide lectures to his students globally. He thanked the organizers for conducting such an amazing conferencing which has empowered the participants with immense knowledge. He threw some light on the importance of comparative law and why such a conference plays a vital role in learning for law students.

Mr N. Venkataraman, Additional Solicitor General of India commenced addressing the audience by thanking the organizers and welcoming all the Guests of Honours. He spoke about the harmonization of laws. He focussed on three areas of common interest, the first being the investment. He stated that investments are not only from capital-exporting countries to developing nations, but it goes beyond that. Even today when we decide on laws and how the law is progressed, there is a distinction between a nation’s law and the role of a nation in international law development. Business laws and investments have been essentially bilateral, and several other laws are also bilateral.

He stated that the second area of common interest is the investigation. He identified that there are several investigating agencies in India and the common challenge faced by developing nations is whether our territory is being used for laundering. The big disconnect in investigation law is the speed at which the violator operators and the speed at which we try to connect with other nations to seek help and in terms of red tape in terms of trying to harmonize what each nation wants or the speed at which a crime gets committed and a criminal move across. He mentioned that once money or a criminal moves out of a country, it is a challenge to bring it back.

Further speaking he specified that the third area of common interest is the adjudication process. There is universal thinking in cross-border transactions that we cannot rely on one nation’s courts or justice system. The issues are common amongst the developing nations thereby hands must be joined to overcome these challenges and issues in ensuring to calibrate the legal system with greater harmony to become a unified force in the global space. He concluded by stating the ideology of Hon’ble Prime Minister of India Mr. Narendra Modi that it is a must to have a judicial space which is unified and harmonized along with economic and political development.

Presentation of Citations:

Reading of citations in honour of all the dignitaries present was done by Dr. Jane Eyre Mathew, Assistant Professor, Amity Law School, Noida in the following order:

·         Mr. N. Venkataraman

·         Hon’ble Ms. Najat Abou Chacra

·         Mr. Rajesh Ramloll SC,

·         Mr. Alfred Tuah-Yeboah,

·         Hon’ble Shadrack J. Mose.

All the dignitaries accepted their citations with content.

Announcement of Best Paper Award:

Results for the Best Paper Award of the 5th International Conference on Comparative Law was announced by Mr Rupinder Singh, Assistant Professor, Amity Law School, Amity University, AUUP. 

Vote of Thanks:

Vote of Thanks by Prof. (Dr.) Arvind P. Bhanu, Additional Director/Jt. HoI, Amity Law School, Noida. proposed the Vote of Thanks. He thanked the distinguished guests for sparing their precious time and expounding their deep knowledge of the subject matter. He also expressed his gratitude towards Dr Ashok K. Chauhan, Hon’bleFounder President, Amity University, Dr. Atul Chauhan, Hon’ble Chancellor, Amity University, AUUP and Prof. (Dr.) Balvinder Shukla, Hon’ble Vice-Chancellor, Amity University, AUUP for providing such a great opportunity and providing support for organizing this International Conference. He also spoke about the wonderful insights delivered by various Guests leading this conference to become a platform of learning.

The ceremony concluded with Dr. Sumitra Singh thanking all the dignitaries, participants, and organizers for this wonderful conference. 

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