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Old Tuesday, October 05, 2010
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Izaz4u Izaz4u is offline
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my brother cnc-strategist has thrown light from political point of view, saying so on the ground that British parliament is the mother of modern democracies across the globe.but if we assess the sovereignty of Pakistan's parliament then we can not set aside the legal and constitutional realities existing in our polity. AS a matter of law, parliament of Pakistan can't legislate contrary to the fundamental rights in view of article 8 of the 1973 constitution of Pakistan.similarly article 190 of the constitution says that all executive and judicial functionaries shall act in aid of supreme court. All these r sort of limitations on sovereign character of Pakistan's parliament. we r well acquainted with the fact that British parliament is theoretically sovereign to make a man a woman and vice verse, but in practice there are embargoes in form of established norms like public morality, public opinion, public aspirations and certain internal limitations that undermines the sovereign character of British parliament. above all, the constitution of European union further negates sovereign status of British parliament. all these,clearly manifest one thing that a stat today renders different meaning from the oldest one. same is the case of sovereignty as well and in this arena of globalization different states make transnational institutes and corporations to the will and whim of which , a state, as a legal sovereign must show obedience which might mean that state has lost sovereign character. at the eleven hour,,,,,,, it is pertinent to come to original point that the federation of Pakistan is the product of constitution.if constitution provide for limitations on parliament's sovereign powers then under such circumstances it will b the supremacy of constitution that will prevail. no doubt, it do have the sole law making power and constitutional amendment power under article 239, but again it can't make a departure from the dictation of WORLD BANK, IMF, ARTICLE 8 OF the constitution and from the doctrine of basic structure of the constitution according to some legal experts as well.............
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