The Impacts of Judicial Review Over the Sovereignty of the Parliament in Pakistan

Authors

  • Atta ur Rehman Khan LLM Scholar, Department of Law Abdul Wali Khan University Mardan
  • Muhammad Aqeel Khan Assistant Professor, Department of Law Abdul Wali Khan University Mardan
  • Hidayat ur Rehman Assistant Professor, Department of Law Abdul Wali Khan University Mardan

Keywords:

Judicial, Review, Sovereignty, Parliament

Abstract

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.

References

Allan, T. R. S. (2011). Judicial deference and judicial review: Legal doctrine and legal theory. LQR, 127, 96.

“Abel Smith, B and Stephens, R. (1967). Lawyers and the courts: A sociological study of the English legal system 1750–1965. Heinemann”

“The Constitution of Islamic Republic of Pakistan, 1973”

Allan, T. R. S. (2013). The sovereignty of law: Freedom, constitution, and common law. OUP.

Aristotle. (1984). Nicomachean Ethics, Bk II Ch 9. In The Complete Works of Aristotle (Rev Trans Vol 2). Princeton University Press.

Arthurs, H. W. (1985). 'Without the Law': Administrative Justice and Legal Pluralism in Nineteenth-Century England. University of Toronto Press.

The Constitution of the Islamic Republic of Pakistan, 1973.

Bamforth, N., & Leyland, P. (Eds.). (2003). Public law in a multi-layered constitution. Hart.

Barak, A. (2012). Proportionality: Constitutional rights and their limitations. CUP.

Barber, N. (2010). The Constitutional State. OUP.

Downloads

Published

30.09.2024

How to Cite

Atta ur Rehman Khan, Muhammad Aqeel Khan, & Hidayat ur Rehman. (2024). The Impacts of Judicial Review Over the Sovereignty of the Parliament in Pakistan. PAKISTAN JOURNAL OF LAW, ANALYSIS AND WISDOM, 3(9), 126–136. Retrieved from https://pjlaw.com.pk/index.php/Journal/article/view/v3i9-126-136

Similar Articles

1 2 3 4 5 > >> 

You may also start an advanced similarity search for this article.