The Impacts of Judicial Review Over the Sovereignty of the Parliament in Pakistan
Keywords:
Judicial, Review, Sovereignty, ParliamentAbstract
This research paper investigates the Impacts of Judicial Review on the sovereignty of parliament specifically in Pakistan and generally in few other countries I.e. UK, USA and India. As The Constitution of the Islamic Republic of Pakistan, 1973 gives sovereignty to the Parliament, granting it the power to legislate for the Country. However, this authority comes with judicial restraint. The ability to legislate and repeal laws is vested with the parliament yet, the Constitution delineates that sovereignty ultimately resides in the people, with their elected representatives entrusted to legislate and execute laws. While the supremacy of the parliament is crucial, the courts must ensure its adherence to constitutional provisions and safeguard citizens' fundamental rights through judicial review. Constitutional provisions Article 8 and Article 227 establishes constraints on legislative power, declaring laws inconsistent with fundamental rights or Islamic injunctions/principles as ultra vires. Judicial review acts as a check on legislative overreach, ensuring laws align with constitutional norms and societal standards. In Pakistan, the judiciary, including the Supreme Court, High Courts, and Federal Shariah Court, wield powers of judicial review to validate or invalidate legislation. This study explores the impact of judicial review on Pakistan's parliamentary sovereignty, rooted in the Islamic concept of state, where sovereignty is derived from divine authority however exercised by the people. Amidst political upheavals and challenges to democracy, an independent judiciary serves as a bulwark against legislative excesses, upholding constitutional principles and protecting citizens' rights.
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