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Parliament cannot legislate against constitution, Islam: CJ

Hyperion

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And here we go again:
First came the military who thought they ran the legislative.
Now come the courts.
And we can repeat this over and over again.


ISLAMABAD: Pakistan’s top judge has said that the Parliament cannot legislate any law repugnant to Constitution, injunctions of Islam and contrary to fundamental laws.

“If such law is promulgated, Supreme Court under its power of Judicial Review can review it. The underlying object of judicial review is to check abuse of power by public functionaries and ensuring just and fair treatment to citizens in accordance with law and constitutional norms.”

Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry was speaking to a 50-member delegation of Youth Parliament on Saturday at the Supreme Court Building in Islamabad.

The CJ said: “The system in our country is parliamentary system. From 1973 onward there have been National Assemblies and Senate but on account of Constitutional turmoil time and again there had been intervention in Parliamentary System, therefore, the expectations of people attached with Parliament could not be fulfilled. Parliament is required to give laws in accordance with Constitution for betterment of public at large so that laws can be made applicable.”

“I can say with utmost respect that they cannot legislate any law repugnant to the Constitution and injunctions of Islam and contrary to fundamental laws,” he added.

The CJ stressed that the Constitution is a complete document which answers all questions, adding that every organ of the State enjoys complete institutional independence within its constitutional domain, however, any excess or misuse of power beyond that domain becomes the subject matter of judicial scrutiny.

Speaking about fundamental rights, he said, where any question of public importance arises with reference to enforcement of any of Fundamental Rights ensured by the Constitution of Pakistan; then the Supreme Court has power to make any appropriate order for enforcement of these rights.

The law applies to all, irrespective of their status, power, caste, creed and religion. No one can claim supremacy over and above the law, the CJ added.

Parliament cannot legislate against constitution, Islam: CJ | DAWN.COM


By his take on things, we should start electing the lawyers in local kacheris - who can in-turn elect the new president i.e. the CJ.

What is this, a new budding dictatorship by proxy?
 

Redbull

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He really should've said this 2-3 years ago. All his actions are now for personal reasons. Though I agree with him, I have lost all respect for him.
 

AHMED85

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Haa Haa :rofl:

can you fulfill the first 2 chapter of the constitution ??? than you make possible several problem dissolved.. :tup:
 

Leader

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And here we go again:
First came the military who thought they ran the legislative.
Now come the courts.
And we can repeat this over and over again.


ISLAMABAD: Pakistan’s top judge has said that the Parliament cannot legislate any law repugnant to Constitution, injunctions of Islam and contrary to fundamental laws.

“If such law is promulgated, Supreme Court under its power of Judicial Review can review it. The underlying object of judicial review is to check abuse of power by public functionaries and ensuring just and fair treatment to citizens in accordance with law and constitutional norms.”

Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry was speaking to a 50-member delegation of Youth Parliament on Saturday at the Supreme Court Building in Islamabad.

The CJ said: “The system in our country is parliamentary system. From 1973 onward there have been National Assemblies and Senate but on account of Constitutional turmoil time and again there had been intervention in Parliamentary System, therefore, the expectations of people attached with Parliament could not be fulfilled. Parliament is required to give laws in accordance with Constitution for betterment of public at large so that laws can be made applicable.”

“I can say with utmost respect that they cannot legislate any law repugnant to the Constitution and injunctions of Islam and contrary to fundamental laws,” he added.

The CJ stressed that the Constitution is a complete document which answers all questions, adding that every organ of the State enjoys complete institutional independence within its constitutional domain, however, any excess or misuse of power beyond that domain becomes the subject matter of judicial scrutiny.

Speaking about fundamental rights, he said, where any question of public importance arises with reference to enforcement of any of Fundamental Rights ensured by the Constitution of Pakistan; then the Supreme Court has power to make any appropriate order for enforcement of these rights.

The law applies to all, irrespective of their status, power, caste, creed and religion. No one can claim supremacy over and above the law, the CJ added.

Parliament cannot legislate against constitution, Islam: CJ | DAWN.COM


By his take on things, we should start electing the lawyers in local kacheris - who can in-turn elect the new president i.e. the CJ.

What is this, a new budding dictatorship by proxy?
he said the right thing- comparing it what the military dictators used to say about Constitution and Islamic injunctions- CJ has said the otherwise- but I fail to understand why you have compared the two?

the parliament if says corruption is allowed- oh yes its Supreme so NRO is okay?
 

Hyperion

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First of all lets make this clear: I'm no supporter of Zardari & Co.

What I am saying is that 'elected people' are the supreme authority in making legislature or making amendments to it, now, if in case the parliament is run by bunch of thugs, then be it. Wasn't it the electorate that sent these losers to run the parliament in the first place?

You can not have it both ways, want democracy? Have it all. With all the bitter taste that it accompanies.

What has supreme court or any court to do - when the parliament wants to amend some law? Why not elect CJ from hereon-afterwards? Let's have elections and elect the courts of Pakistan instead of parlimentarians?



he said the right thing- comparing it what the military dictators used to say about Constitution and Islamic injunctions- CJ has said the otherwise- but I fail to understand why you have compared the two?

the parliament if says corruption is allowed- oh yes its Supreme so NRO is okay?
 

somebozo

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who is bank rolling the CJ... instead of corruption in national infrastructure and power issues he is far more concerned with dismissing gilani and bringing raja load-shedding to power.
 

batmannow

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so its clear now in a vigrious attempt of despiration Cj is going crazy!
ppp zardari, & its allies are croupt criminals , or whatever but govrnence is thier right because of thier numbers in parliment, against those who arent sitting in the parliment or dont have majority in the parliment!
making new laws, is the work of national assembly & senete, & cj doesnt have any right, to stop them , or dictate them!
lets see how far CJ ,& this govt can go!
both of them are wrong, & no one is right! cause its democrazy?
 

Leader

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First of all lets make this clear: I'm no supporter of Zardari & Co.

What I am saying is that 'elected people' are the supreme authority in making legislature or making amendments to it, now, if in case the parliament is run by bunch of thugs, then be it. Wasn't it the electorate that sent these losers to run the parliament in the first place?

You can not have it both ways, want democracy? Have it all. With all the bitter taste that it accompanies.

What has supreme court or any court to do - when the parliament wants to amend some law? Why not elect CJ from hereon-afterwards? Let's have elections and elect the courts of Pakistan instead of parlimentarians?
Not a single country is this world where the Parliament is supreme authority- that shall be other case where powers have not been used against the parliament's legislation- cause they send legislators to parliament.

Secondly if you read- what Supreme Court is saying is that the Parliament cannot go against Islamic injunctions, constitution or our moral values- by that it is not taking away the right to legislate from the parliament- when it comes down to legislating a rule the parliament would carry its usual business- and only in the case of petition is filed against the legislation the Supreme court would look into the matter in light of constitution and Injunctions and then refer back to Parliament that it has made a mistake that needs to be corrected-
 

Fracker

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Why this CJ don't order to cut hands of these corrupt leaders? Corruption is not allowed in Islamic State! isn't?

I love to see a Zardari and co hands chopdown.
 

Hyperion

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Not a single country is this world where the Parliament is supreme authority- that shall be other case where powers have not been used against the parliament's legislation- cause they send legislators to parliament.

Secondly if you read- what Supreme Court is saying is that the Parliament cannot go against Islamic injunctions, constitution or our moral values- by that it is not taking away the right to legislate from the parliament- when it comes down to legislating a rule the parliament would carry its usual business- and only in the case of petition is filed against the legislation the Supreme court would look into the matter in light of constitution and Injunctions and then refer back to Parliament that it has made a mistake that needs to be corrected-
Can a parliament with absolute majority make amendments to the constitution? If not. Then. Hmmmmmmmm.....


Why this CJ don't order to cut hands of these corrupt leaders? Corruption is not allowed in Islamic State! isn't?

I love to see a Zardari and co hands chopdown.
I guess, you've recently been to Saudi?
 

batmannow

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who is bank rolling the CJ... instead of corruption in national infrastructure and power issues he is far more concerned with dismissing gilani and bringing raja load-shedding to power.
thats called democrazy!
in which every one get, emotionaly charge for thier so called rights which they even not known too?:cheesy:
i guss the fear & shyness is effecting CJ,s mind also he wants to distrub the investigation of arsalan iftikhar, which ppp intending about to open through ,FIA?:flame:
 

Leader

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Can a parliament with absolute majority make amendments to the constitution? If not. Then. Hmmmmmmmm.....
It can do- lets for example say that a political party ABC wants to end the role of intervention of Army in politics. so it can amend the Constitution- It can only achieve it when it has the mandate from the people to do so- the Judges would give a decision in its favour- even if petition is filed against the legislation cause its the will of the people and people have given mandate to the ruling party for that sort of amendment-
 

Hyperion

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So yet again you're saying that, in the end, the court is supreme, instead if the parliament. If that is actually the case then.......buddy..... I think we're screwed for the next 50 years as well.



It can do- lets for example say that a political party ABC wants to end the role of intervention of Army in politics. so it can amend the Constitution- It can only achieve it when it has the mandate from the people to do so- the Judges would give a decision in its favour- even if petition is filed against the legislation cause its the will of the people and people have given mandate to the ruling party for that sort of amendment-
 

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