Judicial Review
What is the significance of independent judiciary in a democratic republic? Do you
think that without an independent judiciary a system of checks and balances can
be established in the government? Explain with appropriate examples. 18, PS2
(i) Independence of judiciary 13
Q4. Like other democratic countries, the United Kingdom strongly believes in the
independence of the judiciary. Elaborate on the important principles for the
independence of the judiciary in the British Constitutional Law. 2023
Judicial Activism and Review
USA:
What is the impact of the concept of Judicial Activism for the enforcement of
Bill of Rights in American Legal System? 2021
“Judiciary review” is one of the most important feature of US constitution.
Comment. Also explain the concept with special reference to land mark
judgment Marbury vs Madison [5 U.S. (1 Cranch) 137 (1803)]. 2020
What does the phrase, “Judicial Review” mean under the American
Constitution? Explain. 2019
Pakistan:
The frequent Extra Constitutional arrangement and its judicial validation has
weakened the democratic system in Pakistan. Give suggestions for improvement
of Judicial Review in the light of Judgments of Superior Courts of Pakistan. 2021
Q.No.7. The principle of “Judicial Review” has built its stronger enclave
in almost all Constitutions of democratic features. Why it has been
under criticism in legal circles of Pakistan? (2013)
Q.6. Write a comprehensive note on the power of judicial
review and its limits in the context of Pakistan. (2011 PS1)
Discuss in detail the writ jurisdiction of High Courts and its limitations under
Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. 2020
The growing judicial activism in Pakistan is clearly at the expanse of parliamentary
sovereignty and supremacy. Critically analyze the statement. 2019 PS1
Q. No. 5. “Judiciary is the watch dog Institution in Pakistan.”
Comment upon the statement in the backdrop of judicial activism
in the country since a couple of years. (2014)
Q. No. 3. Discuss the role of judiciary in the constitutional development of
Pakistan. (2017)
Q. 6. Compare and analyze the role played by Judiciary in Pakistan
and discuss future expectations and availability of options in the
best interest of the state. (2011 PS2
Q.4. Make a survey of the role of Judiciary in Pakistan as the
Guardian of the Constitution. 7ps2
Q.No.4. Compare the procedure of appointments of Judges of the Superior
Judiciary of Pakistan and India. (2013)
Q.2. Critically examine the amended procedure as to appointment of the
Judges under the Constitution of Islamic Republic of Pakistan, 1973.
Compare it with the relevant provisions in Indian Constitution. (2011)
Q.7. In what matters the Supreme Court of Pakistan exercises original
jurisdiction? Illustrate by quoting the facts, decision and reasons thereof of a
decided case. (2012)
Q7. Describe the powers and jurisdiction of Supreme Court of Pakistan
under 1973 constitution with special reference to the role played by it in
the constitutional development in the country. 07
Q.2. Discuss the Constitution, functions and powers of Federal Shariat Court
in Pakistan. 06
Q.3. Discuss the administrative structure of judicature in trichotomy of
powers under the Constitution of Pakistan. 03
Britain:
Can the British Supreme Court strike down the laws which are repugnant to the
provisions of the British Constitution? If so under which provision of the British
Constitution? 2019
India:
“Basic structure theory of the Constitution” was derived and originated in India by
the Indian Supreme Court. Explain this theory in the light of case law
developments in India. Do you agree that this theory is applicable in Pakistan?
Discuss. 2016
Russia:
Q.No.8. Discuss the structure of the Supreme Court of Russian Federation. (2013)
Introduction
• An apex court interprets a law and determines its constitutional
status.
• May declare ultra vires (beyond the powers)
• Ultra Vires
• Substantive Ultra Vires:
• The situation where executive authorities enact laws or rules,
for which that they are not authorized by legislature
• Procedural Ultra Vires:
• When the authorities fail to follow the procedural requirement
prescribed by the laws
• Limitations
• Applicable to challenged in court except the suo moto power in
India/Pakistan
• Does not remake
• United Kingdom:
• Courts cannot declare the law to be unconstitutional
• USA:
• SCOTUS can strike down legislation
• Case of Laws:
• Marbury v. Madison
• Roe v. Wade
• Brown v. Board of Education
• Citizens United v. Federal Election Commission
• Germany:
• Constitutional Courts for Judicial Review
• Can strike down both ordinary as well as constitutional
amendments
• India:
• The 24th Amendment (1971) authorized parliament to amend
any provision of the Constitution
• Basic Structure Doctrine: The Constitution of India has certain
basic features that cannot be altered or destroyed through
amendments by the parliament
• Pakistan:
• Article 8: No law can be made which is in conflict with any of
the FR
• Article 227: Non law can be made which is repugnant to the
injunctions of Islam
• Methods of Judicial Review:
• Article 199- Writ Jurisdiction of High Court
• Article 184(3)- Suo Moto Power of Supreme Court
Without prejudice to the provisions of Article 199, the Supreme Court
shall, if it considers that a question of public importance with
reference to the enforcement of any of the Fundamental Rights
conferred by Chapter I of Part II is involved have the power to make
an order of the nature mentioned in the said Article.
• Expansion in the Judicial Power
Marbury v. Madison (Power of Judicial Review)
• SCOTUS as the guardian of the Constitution.
• Expansion in the Powers of Executive
• Doctrine of Implied Powers upheld by SCOTUS
• The power of removal of all federal officials
• The power to terminate war
• Goods
• Became an agent of civil and political rights
• Case of Laws: Dred Scott v. Sanford, Plessy v. Ferguson, Loving v.
Virginia & Brown v. Board of Education
• Bads
• Undemocratic
• Super legislature (Laski)
• Judicial Veto
Writ Jurisdictions (Article 199: Constitution of Pakistan)
• Writ of Mandamus
• A command issued to a public authority to do a certain act
bound to do
• Writ of Prohibition
• A command issued to a public authority to refrain from doing
anything not permitted by law
• Writ of Certiorari
• Judicial review of a decision of a lower court or administrative
agency
• Writ of Habeas Corpus
• A court order to deliver an imprisoned individual to the court
and show a valid reason for that person's detention.
• Writ of Quo Warranto
• Requiring a person holding a public office to show under what
authority of law he claims to hold that office
