By YL Hamdani esq.
The famous American constitutional case Marbury V. Madison was arguably the first time the judiciary in the history of the world declared anything “unconstitutional”. The door was thrown open that day which subverted the time honored principle of parliamentary sovereignty (established through English parliament’s positive assertion of sovereignty in 1688). Today we in Pakistan are face to face to most unsavory aspects of the judicial tyranny that may emerge through an abuse of this principle. Continue reading
Part 2 (Aaj Kal) proves that Mr. Jinnah stood unambiguously and clearly for a secular state-YLH
For the benefit of our Urdu readers, we are reproducing in full the multi-part series by Lahore-based writer and intellectual Wajahat Masood who writes in Daily Aaj Kal. -YLH
VIEW: Parliamentary theocracy —Yasser Latif Hamdani
The 18th Amendment reintroduces the requirement for the prime minister of the country to be a Muslim. Pakistan’s slide down the slippery pole of religiosity is quite clear
Frederick Douglass — the
great 18th century American statesman and abolitionist — once described democracy as a way to take turns. He was a one-man resistance to the tyranny of the majority and its confusion about democracy. It did not occur, however, to the framers of the 18th Amendment that this was also the principle on which Pakistan was founded, i.e. a permanent majority shall not, by sheer force of numbers, dominate and oppress a permanent minority.
By Brigadier Samson Simon Sharaf
Political stability has evaded Pakistan since 1947. Bureaucratic intrigues, repeated military interventions and exclusion of popular governments have fortified the role of elites. They have directly and indirectly toppled governments to ensure that Pakistan’s political clock clocks what they want. These elites have exploited the many gaps in political structure of Pakistan for entrenchment, wherein even apparently popular governments once in opposition adopted a similar approach. According to Rafay Alam: “There has been no revolutionary exertion of rights in this part of the world; it is not difficult to conclude that the Pakistani state did not acquire a fresh personality at its birth and that instead, it inherited the worst possible mindset for running a country.” Similarly, Dr Mubashir Hassan has often made slanted references to this invisible force capable of paralysing political governments. Continue reading
By Yasser Latif Hamdani
Duniya ki tareekh gawah hai, adl bina jamhoor na hoga
History bears witness, there shall be no republic (democracy) without justice
-From Aitzaz Ahsan’s Poem “Kal, Aaj Aur Kal” – the anthem of Pakistan’s Lawyers’ Movement.
“I am for the Law. We wish for a republic of laws.” John Adams- one of the founding fathers of the United States of America.
“The first observation that I would like to make is this: You will no doubt agree with me that the first duty of a government is to maintain law and order, so that the life, property and religious beliefs of its subjects are fully protected by the State.” Mahomed Ali Jinnah- our Quaid-e-Azam.
The decision on NRO was a historic one. Based on the short order, however, a reasonable apprehension exists that by invoking articles 62-f and 227, the Court has effectively brought into play dormant Islam-inspired clauses which shall further strengthen rightwing in Pakistan. This apprehension is obviously not without merit. Articles 4, 8 and 25 – 8 and 25 being fundamental rights which according to constitutional theory are supreme- were much stronger clauses and the court did well to invoke these but this is where the court should have stopped. Ofcourse this is entirely a conjecture without the detailed judgment. That said the important thing is that the NRO has been reversed and it has strengthened democracy whether nay-sayers accept it or not. The people need to see that the system works and punishes crooks no matter how powerful they are. And there is no doubt that the Supreme Court should also take to task those holy cows that have run amok in the country but that will also happen in good time. Continue reading