- RSS
- Today's Paper
- Subscribe
- beta 2.1
Alerts
Supremacy of Constitution
In constitutional democracy, the Constitution is supreme and not the parliament, executive, armed forces, judiciary
LAHORE: In a constitutional democracy, it is the Constitution which is supreme and not parliament, or the executive, nor armed forces and neither the judiciary. The 1973 Constitution is a written document, with a preamble laying down the principles on which the nation is to be governed. There is no provision in the Constitution for either martial law or rule by non-elected technocrats, nor assuming any powers by the executive beyond that defined in the Constitution.
It creates the offices of the president and prime minister and the Supreme Court/High Courts, National Assembly, Senate and federal/provincial cabinets, the executive branch, and vests powers in each to be used within defined corridors. Once the Constitution has been written and approved by the people, parliament is not above the Constitution, since it is a creation of this document.
A government that is formed and functions in accordance with the Constitution is legal, otherwise it becomes unconstitutional, hence illegal. This is what differentiates a constitutional rule from dictatorial rule. If any law is legislated, which is in conflict with the Constitution, it can be struck down by the Supreme Court.
Malik Tariq Ali
Published in The Express Tribune, July 23rd, 2012.
Reader Comments (2)
Letters Latest Stories
Blaming Imran (II)
To say that the abysmal state of Pakistan cricket is his doing, like Aamir Sohail has done, is absurd.
Blaming Imran
I would like to point out that Sohail himself captained Pakistan after Imran’s retirement. What accolades did he earn?
Tapping solar energy
An immediate grassroots solution would be PV-powered desk or pedestal fans with battery storage.
Aamir Sohail’s ridiculous claims
It is despicable Sohail is spreading such negativity about someone who is considered as one of the greatest captains.
Getting a US visa (II)
If the battle is about winning hearts & minds of Pakistanis, then US must find ways of engaging with ordinary people.
Getting a US visa
This is one reason why I have moved to Australia, where my relatives can visit with greater ease.
Comparing Germany with Pakistan
All I did was express a wish that the post-election scenario in Pakistan should be like that of Germany, nothing more.
Recent Slideshows
More in Letters
Reforms in the police
This material may not be published, broadcast, rewritten, redistributed or derived from.
Unless otherwise stated, all content is copyrighted © 2013 The Express Tribune News Network.
Technical feedback? [email protected]
What is constitution? A set of rules and regulations voluntarily adopted by the people through their representatives with the promise that they would follow these rules. These rules also provide for the enactment of any law or any amendment to be made in future in the constitution. This is the prerogative of the people through the parliament and no”paid servant” has a right to usurp this right of the people. In fact supremacy is one thing and to abide by the rules and regulations is another thing. Parliament is the mother of the constitution and how can a child be superior to his mother ?
Recommend
In a constitutional democracy the constitution is supreme. Parliaments come, complete their terms, and get repaced in accordance with constitution, the only thing that remains is the constitution. The power to legislate of parliament is derived from the constitution. A parliament even if elected and not constituted as per constitution, where its members were not to take an oath on the constitution, is unconstitutional, hence illegal. All institutions of state including the President, NA, Senate, PM, Federal Cabinet, Judiciary, Armed Forces, State Bank etc derive their powers from the constitution. Even the power to amend the constitution by two third majority of both houses is derived from the constitution.
Recommend