Constitutional Courts And The Retreat From Judicial Power
Four months have already passed since the establishment of the Constitutional Courts and no major controversy is in sight besides its own birth by the current Parliament. Jurists, legal experts and political activists who parsed the passing of the 27th Amendment and were wary of its use as a tool to strengthen non-democratic forces are not that adamant to pursue their past opinions about the Court. Though it cannot be said that it has strengthened the constitutional framework, it has also not brought about criticism of its use to subvert democratic institutions.
Considering the controversial past of the Supreme Court, mostly due to its adjudication on constitutional matters, it was necessary that this role of the Supreme Court either be finished, which is not possible because of Pakistan’s political culture, or its role be redefined as an appellate court or custodian of justice. The general public must be saved from anarchy taking root for the greater good of the public.
Another very misunderstood involvement of courts in unconstitutional actions of various institutions needs to be understood in the proper legal, constitutional and political circumstances. Courts are only responsible for........
