The Executive Order establishing the Islamabad High Court is to continue the state of emergency court which was brought into being, under executive control, for the state of emergency. This means that the executive has complete control over the High Court and Judicature now as the Judge's exist at the Executive's pleasure.
This means it will be a political court for the executive. Judges have opposed Musharraf's dictatorship and this serves two purposes; removing them politically as well
as destroying the doctrine of judicial review. The latter is where the judicature is the body with the authority to interpret the constitution.
The order which modifies the constitution contains this dandy:
The validity of any provision made or orders passed under clause (1) and (2), shall not be called in question by or before any Court, including Supreme Court, Federal Shariat Court, a High Court, any forum or authority, on any ground whatsoever.
It is executive rule at its most open. The order which modifies how the President is elected and the length of term is a bit more difficult to understand.
Article 41 Chapter 2 contains:
The President to be elected after the expiration of the term specified in clause ( 7) shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of: (a) the members of both Houses; and (b) the members of the Provincial Assemblies
The order removes "to be elected after the expiration of the term specified in clause (7)". Clause 7 contains information on how the President is to be elected:
(7) The Chief Executive of the Islamic Republic of Pakistan-
(a) shall relinquish the office of Chief Executive on such day as he may determine in accordance with the judgement of the Supreme Court of Pakistan of the 12th May, 2000; and
(b) having received the democratic mandate to serve the nation as President of Pakistan for a period of five years shall, on relinquishing the office of the Chief Executive, notwithstanding anything contained in this Article or Article 43 or any other provision of the Constitution or any other law for the time being in force, assume the office of President of Pakistan forthwith and shall hold office for a term of five years under the Constitution, and Article 44 and other provisions of the Constitution shall apply accordingly.
I guess Musharraf amended that out so that if the Supreme Court determines his position as President unconstitutional he can ignore it.
All round it is pretty repugnant. It should be noted that the power of constitutionalism means that modern dictators have to seek constitutional legitimacy even if the pollute the constitution to absurd levels like this. Written constitutions are an excellent technology that cause dictators, and executives that would rule by permanent exception, increasing woes.
Most Popular on South Sea Republic
The articles that have been viewed the most:
Most Popular Restaurants in Phoenix
Phoenix Eats Out is the restaurant review site for
Phoenix,
Scottsdale and
Old Town Scottsdale which lists the modernist and contemporary restaurants, taverns and bars in the greater Phoenix area.
This is the list of the most popular restaurants pages from phoenixeatsout.com that have been viewed the most;
My personal favourite restaurants in Phoenix are
AZ88,
Postinos,
Bomberos with
Grazie,
Humble Pie,
Orange Table,
The Vig,
Fez and others coming close behind. View the complete list with the photo-journalistic style images on
phoenixeatsout.com
Most Popular Hikes in Arizona
Arizona is an outdoor state and has lots of hiking in the city and around the state. Phoenix is unusual for most cities in having several large mountains in the center of the city with great hiking. Anyone who comes to Phoenix has to do the
Echo Canyon trail on Camelback and the
Summit Hike on Squaw Peak or Piesta Peak. The views of the city, suburbs and surrounding mountains are wonderful from Camelback and Piesta Peak.
For more experienced hikers there is the McDowell Mountains in North Scottsdale that has several difficult and strenuous hikes in
Tom's Thumb and
Bell Pass. Alternatively, you can hike the highest mountain in Arizona. At 12,600 feet
Humphrey's Peak is a long and difficult hike.
Alternate Australian Constitutions
Between 2004 and 2009 this site,
southsearepublic.org, was a constitutional blog based on scoop which focused on Australian and global constitutional issues.
One of the strongest aspects of it was the development of constitutions by those involved in the blog. These constitutions are the outcome:
The constitutions were built using principles from Montesquieu's separation of powers, the enlightnment's universal political rights and the ancient Athenian technology of sortition and choice by lot.
Archives For South Sea Republic
South Sea Republic started in 2004 as an Australian constitutional blog in 2004 based on scoop software. It was an immigrative outgrowth of Kuro5hin. The archives for each year since then;
The articles are ordered by views.
Who Is Cam Riley
I am an Australian living in the United States as a permanent resident.
I am a software developer by trade and mostly work in Java and jump between middleware and front end.
I originally worked in the New York area of the United States in telecommunications before moving to Washington DC and
working in a mix of telecommunications, energy and ITS. I started my own software company before heading out to
Arizona and working with Shutterfly. Since then I have joined a startup in the Phoenix area and am thoroughly enjoying myself.
I do a lot of photography which I post on this website, but also on flickr. I have a photo-journalistic website which lists
the modernist and contemporary restaurants in phoenix. I have a site on the
Australian Flying Corps [AFC] which has been around since the 1990s and which I unfortunately
lost the .org URL to during a life event; however, it is under the
www.australianflyingcorps.com URL now.
The AFC website has gone through several iterations since the 90s and the two most recent are
Australian Flying Corps Archives(2004-2002) and
Australian Flying Corps Archives(2002-1999) which are good places to start.
Websites Worth Reading
Websites of friends, colleagues and of interest;
