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  #11  
Old Thursday, April 22, 2010
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Parliament is supreme definitely. The members of the parliament are the elected representatives of the people and only parliament has the power to make or amend laws. Supreme court is only an institution of the state, supreme court can neither make or amend the constitution so how can it strike down the laws passed by the parliament.
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  #12  
Old Friday, April 23, 2010
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@ shallowwater & fromQAU
There is no blinking to the fact that parliament is the supreme realm of legislature and the sole representative of people at least in the theory for sure, but even a person who is a little weak in the upper storey would tell that the working of the government is marred with corruption & mismanagement and there should be some force to stop that maelstrom.
The theme of “Judicial Review”, as it was adopted from the American government system of checks and balance, acts as a watchdog to purge the system form the involuntary or somewhat voluntary disservices of the parliament.
Here, I am not in the favour of judicial activism, but there should be some way to fill the void of accountability and the judiciary is performing that role well. Believe me, judiciary will never ever strike down any amendment which is in the favour of general public.
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  #13  
Old Friday, April 23, 2010
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No one is the supreme from the options. Parliament is so-called supreme as said by the earlier members because mostly the parliament is fill with landlords and feudals. These legislative members enact law according to their wishes.
Actually, the parliament must be the supreme and it is the real essence of democracy. The situation, here in Pakistan is different.
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  #14  
Old Friday, April 23, 2010
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Originally Posted by shallowwater View Post
Parliament is supreme definitely. The members of the parliament are the elected representatives of the people and only parliament has the power to make or amend laws. Supreme court is only an institution of the state, supreme court can neither make or amend the constitution so how can it strike down the laws passed by the parliament.
yes,you are right...when CJ said "Sc can cancel the 18th amendement",it looks an odd remarks.
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  #15  
Old Friday, April 23, 2010
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Default SC is interfering!

SC is not doubt a honorable court for all Pakistanis but its not above the Parliament, as CJ said they can interfere in 18th amendment, No they are not eligible to do that!

Parliament is supreme, then Judiciary followed by bureaucracy and army. But in Pakistan we never saw strong Parliament after Bhutto, lets hope for the best!

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  #16  
Old Friday, April 23, 2010
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parliament should be supreme
but parliament is representative of people, so in a way people can be supreme.(after all its their homeland)
then constitution and judiciary must be supreme.there must be rule of law and well judged by independent judiciary
then media ,its role is to keep an eye,and to point out flaws,issues and problems internally and externally

but in Pakistan
army is supreme followed by establishment
media is supreme by pushing all its limits,blackmailing and exploiting
judiciary is getting supreme if lawyers stayed with them(only upper judiciary is getting supreme)
constitution and people are least,rather not in race to be supreme.both suffered at different times at the hand of different leaders.
rule of law can keep everything in position. nobody should be above the law
all are interlinked only if all work properly and at their places and merit, then Pakistan will be supreme
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  #17  
Old Friday, April 23, 2010
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Originally Posted by Maha Khan View Post
These days judiciary is enjoying supremacy...but Parliament should be supreme because Politcians are represntatives of the people of the country.we cannot allow 13 or 14 judges to rule over the country...
with due respect;

the politicians are not the representatives of the people, it is the parliamentarians only who are representatives.

secondly, it is these 13 or 14 judges who can play a very important role.it is their constitutional right to review the bill and all its clauses.we hope that their review will not end with declaring the bill or any if its clause as ultra-vires.this situation indicates that the judiciary has started coming to the fore in Pakistan.this is the positive side of the situation.Insha'Allah, the judiciary will perform positively and constitutionally.
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  #18  
Old Friday, April 23, 2010
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Originally Posted by fromQAU View Post
with due respect;

the politicians are not the representatives of the people, it is the parliamentarians only who are representatives.

secondly, it is these 13 or 14 judges who can play a very important role.it is their constitutional right to review the bill and all its clauses.we hope that their review will not end with declaring the bill or any if its clause as ultra-vires.this situation indicates that the judiciary has started coming to the fore in Pakistan.this is the positive side of the situation.Insha'Allah, the judiciary will perform positively and constitutionally.
yes,parliamentarians are the representatives of the people,but they are also Politicianssecondly,why SJ is saying before the hearing of the case that SC can decline the18th amendement?nobody or no single judge is or should be superior in our country...
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  #19  
Old Friday, April 23, 2010
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Judiciary should be supreme .

In Pakistan,the Judiciary should be vested with powers to enforce laws


The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.
by Anatole France

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  #20  
Old Friday, April 23, 2010
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Judiciary should be supreme .

In Pakistan,the Judiciary should be vested with powers to enforce laws


"The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread."
Anatole France


Regards,
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