Upholding Freedom and Justice in the Commonwealth

Sir Shridath Ramphal QC, former Commonwealth Secretary-General, has urged members of the legal profession in the Commonwealth to continue assisting the state to conduct its activities without impinging on individual freedom and justice.

Sir Shridath Ramphal QC, former Commonwealth Secretary-General, has urged members of the legal profession in the Commonwealth to continue assisting the state to conduct its activities without impinging on individual freedom and justice.

Addressing more than 300 participants at the Commonwealth Law Conference in London, UK, on 13 September 2005, Sir Shridath said every branch of the legal profession has a particularly critical role and responsibility in its duty to society to conduct itself in a "more disciplined, more professional, more balanced approach, enlightened by conviction in the ultimate strength of those values of freedom under law".

In his speech titled 'Can the Rule of Law in the Commonwealth be Secure in a Lawless World?' Sir Shridath said a solid phalanx of Commonwealth legal opinion can be an important force standing against that descent.

"Today, everywhere in the Commonwealth, there is need for solidarity on the independence of judiciaries. There is nothing which ever changes the truth that the price of freedom is eternal vigilance," he stated.

He pointed out that the threat of terrorism endangers the principles of liberty and justice. Sir Shridath said traditions of freedom under law in the Commonwealth must not be offered up as sacrifices to terrorism. Commonwealth jurisdictions may also face challenges to national security and stability or even national survival and "the perception of endangerment is often as acute [as that of terrorism], and the instinct to respond with ferocity is always tempting. In these times, political judgement can be easily blurred, sometimes the judgement of whole societies".

Sir Shridath, who served as Commonwealth Secretary-General from 1975-1990, said the rule of law, freedom and justice have gained a stronger foothold in most Commonwealth countries over the years, albeit at an uneven pace. But he noted that the progress towards the primacy of law was more uncertain in relations between nations.

In a globalised world, Sir Shridath said members of the legal profession need to assert the values of internationalism, including the primacy of the rule of law worldwide and institutional structures like the International Criminal Court that secure and sustain those values.

Key Links:

• Law Section

Related News:

• Commonwealth Lawyers Association