PM's conviction and the constitution

By Yasser Latif Hamdani

The constitution of Pakistan envisages a trichotomy of powers i.e. federal, legislative and judicial powers. Each of these three branches are distinct and derive their powers from the Constitution. The Supreme Court of Pakistan is a creature of the Constitution. It derives its original jurisdiction in terms of disputes between provincial governments and federal government from Article 184 (1) and 184 (2) which judgments have to be declaratory in nature.  Article 184(3) vests the Supreme Court with jurisdiction to decide questions of fundamental public importance. The Appellate and Advisory Jurisdictions are derived from 185 and 186. The Supreme Court and the High Courts have the power of judicial review i.e. to review legislative functions and see if these are in accordance with the constitution.

US Case Law on Economic Classification

           Research by Yasser Latif Hamdani           

1.                   Williamson v. Lee Optical, Inc., 348 U.S. 483 (1955)

Case Summary:

Provisions of an Oklahoma statute making it unlawful for any person not a licensed optometrist or ophthalmologist to fit lenses to a face or to duplicate or replace into frames lenses or other optical appliances except upon written prescriptive authority of an Oklahoma licensed ophthalmologist or optometrist, are not invalid under the Due Process Clause of the Fourteenth Amendment. To subject opticians to this regulatory system while exempting all sellers of ready-to-wear glasses does not violate the Equal Protection Clause of the Fourteenth Amendment.

Process of appointment of superior judiciary in Pakistan Part I

 By Zeeshaan Zafar Hashmi

The issue of appointment of the superior judiciary in Pakistan came into the limelight recently with the passage of the Eighteenth and Nineteenth Amendments to the Constitution of Pakistan. The aim of this article is to elucidate the mechanism for appointment of the superior judiciary in Pakistan before and after the passage of these amendments.

Before the Eighteenth Amendment

Prior to the promulgation of the 18^th Amendment, the appointment process for Supreme Court judges was pursuant to Article 177 of the Constitution and that of High Court judges to Article 193. The relevant portions of these articles are reproduced hereunder: