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Constitutional Laws

what is the meaning of Constitutional Law
What is the meaning of Constitutional Law?
Constitution is not an ordinary statute made in ordinary legal procedure. It is the creation of a Constitutional Act and therefore the sanctity of a Constitution is much higher than any statute made by the legislature.

Meaning of Constitutional Law is interpretations by Courts have played an important role in settling political problems as well as other issues involving individuals and parties. These interpretations have also restricted or expanded the scope of action of different functionarie. The Superior Courts in Pakistan also support this viewpoint. In all matters, aggrieved person can avail the statutory remedy of Appeal or Revision, which is not some times adequate, effective, efficacious, convenient, beneficiary and expeditious. In such situations the aggrieved party can avail the extra ordinary remedy by invoking constitutional jurisdiction of the High Court or Supreme Court, which is obviously speedy and effective remedy and foster the justice. These conditions occasionally overlap or conflict with each other.

Law of Writs in Pakistan
A writ is an official written directive issued by an organisation with administrative or judicial jurisdiction; in modern sense, this organisation is known as a court. There are many types of writs exist including prerogative writs, summons and warrants but there are many others.

The writ, in common parlance, is an order issued by a court in the name of an authority requiring the performance of a specific act.

Prerogative Writs
The “prerogative” writs or writs based on privileges are a subclass of the group of writs, those that are to be heard before regular cases on a court’s docket except other such writs. The most common types of prerogative writs are mandamus, certiorari, habeas corpus, procedendo, prohibito, and quo warranto, although these technical names have not been prescribed in the constitution.

Writ of Mandamus
Mandamus is a judicial remedy which is in the form of an order from a superior court to any subordinate court, organisational or public authority to do or refrain from doing some specific act which that body is obliged under the law to do or abstain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to force an authority to do something against any statutory law.

Writ of Certiorari
Certiorari is a writ intending for seeking judicial review, currently means an order by a superior court directing a lower court, tribunal, or public authority to submit the record in a certain case for review.

Writ of Habeas Corpus
Habeas corpus is a legal action through which a prisoner can be released from an unlawful custody or detention. The remedy can be pursued by the prisoner or by another person coming to his / her assistance. Habeas corpus originated in the English legal system, has historically been an important legal mechanism, protecting rights of individual against arbitrary governmental action.

Writ of Procedendo
A writ of procedendo is a remedy where there is a delay in rendering a judgment that amount to a abandonment or denial of justice. It is an order of a higher court to lower court, directing that court to extract a delayed judgment. The writ does not specify as to what judgment the lower court must extract, it merely orders the lower court to proceed to judgment. Rebuttal to comply with the writ may subject the lower court to an excerpt for contempt.

Writ of Prohibito
The Court may issue a writ of prohibition to prohibit the authority from acting in excess of its jurisdiction. This writ is normally issued by a superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction.

Writ of Quo Warranto
The writ of quo warranto is issued against a person who claims or usurps a public office. Through this process, the court inquires ‘by what authority’ the person supports his or her claim.

Other writs
Other writs include audita querela, capias, coram nobis, fieri facias, mittimus, ne exeat republica, praemuire, scire facias, frrts and venire facias etc

PAKISTAN LAW ON HUMAN RIGHTS

Father of the Nation Mr. Muhammad Ali Jinnah’s in his presidential address to the Constituent Assembly of Pakistan in 1947 said the following:

“As you know, history shows that in England, conditions, some time ago, were much worse than those prevailing in India today. The Roman Catholics and the Protestants persecuted each other. Even now there are some States in existence where there are discriminations made and bars imposed against a particular class. Thank God, we are not starting in those days. We are starting in the days where there is no discrimination, no distinction between one community and another, no discrimination between one caste or creed and another. We are starting with this fundamental principle that we are all citizens and equal citizens of one State. ”

The conditions prevailing today in Pakistan affect every individual life. If we are to improve conditions then the law must be upheld to bring peace and security to the land and to build lives of dignity and respect.  It is duty of every individual to stand up and prevent any violations or breaking of the law.  If we are to build a better nation then familiarity with the law is also to some degree necessary.  

Listed here are the points that are covered by the constitution of Pakistan.  Links are provided to get the full detail. Please see the Violation section to determine actions you can take to ensure the law is upheld to protect your human rights.  

For Elimination of Exploitation and the Right of individuals to be dealt with in accordance with law find out more from the Introductory Articles 1 to 6 

FUNDAMENTAL RIGHTS

For The Universal Declaration of Human Rights and individual articles and their relation to the Pakistan Constitution please view the link Chapter 1 Fundamental Rights.  

The following Articles are covered in great detail.  These are your Rights and supported by the Constitution of Pakistan.  

Article 8.  Laws inconsistent with or in derogation of fundamental rights to be void.

Article 9.  Security of person. No person shall be deprived of life or liberty save in accordance with law.

Article 10.  Safeguards as to arrest and detention.  

Article 10A.  Right to fair trial: For the determination of his civil rights and obligations or in any                          criminal charge against him a person shall be entitled to a fair trial and due process.

 Article 11.  Slavery, forced labor, etc. prohibited.

Article 12.  Protection against retrospective punishment.

Article 13.  Protection against double punishment and self incrimination.

Article 14.  Inviolability of dignity of man, etc.

Article 15.  Freedom of movement, etc.

Article 16.  Freedom of assembly.

Article 17.  Freedom of association:  

Article 18. Freedom of trade, business or profession.

Article 19.  Freedom of speech, etc. Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court [commission of] or incitement to an offence.

Article 19A.  Right to information: Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.

Article 20.  Freedom to profess religion and to manage religious institutions.

Article 21.  Safeguard against taxation for purposes of any particular religion.

Article 22.  Safeguards as to educational institutions in respect of religion, etc.

Article 23.  Provision as to property. Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.

Article 24.  Protection of property rights.

Article 25.  Equality of citizens.

Article 26.  Non-discrimination in respect of access to public places.

Article 27.  Safeguard against discrimination in services.

Article 28.  Preservation of language, script and culture.

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