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#1
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which institution is the supreme?
which institution is the supreme,the parliament or the supreme court?
Regards Aariz Memon |
#2
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Wash Aathke
Parliament is more supreme than Supreme court.
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" O ALLAH,let your blessings come upon Muhammad PBUH and the family of Muhammad PBUH, as you have blessed Ibrahim AS and his family. Truly,you are praiseworthy and glorious. |
#3
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Supreme is a very general term. Both work in their respective limits prescribed by THE CONSTITUTION. So, i do not know how one can be supreme over the other.
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fahadfa (Sunday, October 17, 2010) |
#4
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Parliment is the place where constitution is made and is passed by the MNA's holding the fake degree of Bechalors! Yes it is so and is quite cruel truth of an only Muslim state in the world possessing the power of nuclear artellry.
Else where, the Supreme court of pakistan is the super most institute of this country that instead of putting its efforts to provide the justice to the poor pupil of the country, is always engaged in the conspiracies and hurdles that are created by the so called Ministers and politicians in a result of passing an amendement and the supreme courts are kept engaged to sort out these legistations that are not CONSTITUTIONAL, ISLAMIC and fulfills the ethics of morals being a muslim! So, in my opinion the supreme court is the only institue that keeps the check and balance on the parliment if it tries to take extra counstitutional and extra humanitious and silamic steps as per its powers, so becoming the super most institution of pakistan. regards Asim (none is adviced to agree with the above said text as everyone possesses ones own opinion) |
#5
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Quote:
Let me share this example with you people to clear my point. You will remember that in the 90s, a prime minister having 2/3 majority tried to style and become "AMEER UL MOMINEEN" by passing a bill. HE FAILED because the parliamentarians did not support it. I repeat, he had 2/3 majority. See, this is my point. There are political processes and checks and balances to keep Parliament on track. No parliament will go against the fundamental rights of the people if it knows that it will create a storm against it. And if the people do not come out on the streets against any parliamentary legislation, the Courts should no intervene. Restoration of judiciary is another classic example of the uselessness of Basic Structure Theory because it clearly showed us that people can also bypass Supreme Court: the dogar courts had validated the ouster of judges. Let the people be the intervening and final authority.
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There will always be a You-like hole in my life. Last edited by Silent.Volcano; Friday, October 15, 2010 at 08:43 PM. |
#6
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the parliament or the supreme court?
There should not be any issue of supremacy.
Boht have their own spheres and for the best interests of the state, none should never cross its limits.
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Khurshid.A.Mahsud (Friday, October 15, 2010) |
#7
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No one is supreme, out of the three .i.e executive, judiciary, parliament have their own weightage, it would be a wrong calculation if we will think in terms of superiority or inferiority. Its an ideal approach.
However realistically the supreme is Armed forces, which is not right, Armed forces rule pakistan. |
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Khurshid.A.Mahsud (Saturday, October 16, 2010) |
#8
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Infact both are not comparable. Both work under one thing that is constitution.
Both have their limits & those have to work inside those. Edge to Parliment is that they can amend & approve any law & amend constitution. Similarly edge to supreme court is that every amended law has to go to supreme court for explanation in view of constitution.
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Khurshid.A.Mahsud (Saturday, October 16, 2010) |
#9
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Parliament and Supreme court are two pillars of state functioning in their respective domains.Parliament make laws while judiciary interpret them.Judiciary is deemed as guardian of human rights enshrined in constitution and can review the enactments of parliament and abrogate them if in the opinion of court such legislation is repugnant to constitution.
Parliament can amend the constitution with two third majority , but such amendment should not alter the basic structure of constitution.The term basic structure is a general and only court can decide as to what constitute the basic structure. The Supreme court of Pakistan is reviewing 18th amendment on the same premise : whether it is against the basic structure of constitution or not.Previously Justice Sajjad ali Shah ,former CJP, had repealed the 13th amendment in the constitution ,however his decision was subsequently set aside by his fellow judges.
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#10
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Parliament is supreme as it makes and amends laws and constitution and supreme court is to follow those patterns and keep scutiny and strong accountablity on any breach of law.
No one can deny the supremacy of parliament in general terms....Though pakistan is an exception where JIS KI LAATHI USKI BHAINS..... kabhi Army chief supreme, kabhi parliament kabhi president kabhi CJP...lolz, Regards
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