Parliament cannot legislate against constitution, Islam: CJ

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?

 

self delete

 

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?

 

Can a parliament with absolute majority make amendments to the constitution? If not. Then. Hmmmmmmmm.....

I guess, you've recently been to Saudi?

 

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.