Constitutional Law

The Constitution of Kuwait, 1962

11th   Nov.  1962 Preamble In the name of Allah, the Beneficent, the Merciful, We, Abdullah al-Salim al-Sabah, Amir of the State of Kuwait, desiring to use the means of democratic rule for our dear Country; and, having faith in the role of this Country in furthering Arab nationalism and the promotion of world peace and human civilisation; and, striving towards a better future in which the Country enjoys greater prosperity and higher international standing, and in which also the citizens are provided with more political freedom, equality, and social justice, a future which upholds the traditions inherent in the Arab nation by enhancing the dignity of the individual, safeguarding public interest, and applying consultative rule yet maintaining the unity and stability of the Country; and, having considered Law Number I of 1962 concerning the system of Goverument during the period of transition; and, upon the resolution of the Constituent Assembly; do hereby approve this Constitution and promulgate it. Part I The State and System of Government Article 1 [Sovereignty, Territorial Integrity] Kuwait is an Arab State, independent and fully sovereign. Neither its sovereignty nor any part of its territory may be relinquished. The people of Kuwait are a part of the Arab Nation. Article 2 [State Religion] The religion of the State is Islem, and the Islamic Sharia shall be a main source of legislation. Article 3 [Official Language] The official language of the State is Arabic. Article 4 [Monarchy] (1) Kuwait is a hereditary Amirate, the succession to which shall be in the descendants of the late Mubarak al-Sabah. (2) The Heir Apparent shall be designated within one year, at the latest, from the date of accession of the Amir. (3) His designation shall be effected by an Amiri Order upon the nomination of the Amir and the approval of the National Assembly which shall be signified by a majarity vote of its members in a special sitting. (4) In case no designation is achieved in accordance with the foregoing procedure, the Amir shall nominate at least three of the descendants of the late Mubarak al-Sabah of whom the National Assembly shall pledge allegiance to one as Heir Apparent. (5) The Heir Apparent shall have attained his majority, be of sound mind, and a legitimate son of Muslim parents. (6) A special law promulgated within one year from the date of coming into force of this Constitution shall lay down the other rules of succession in the Amirate. The said law shall be of a constitutional nature and therefore shall be capable of amendment only by the procedure prescribed for amendment of the Constitution. Article 5 [State Symbols] The flag, emblem, badges, decorations, and the National Anthem of the State shall be specified by law. Article 6 [Democracy] The System of Government in Kuwait shall be democratic, under which sovereignty resides in the people, the source of all powers. Sovereiguty shall be exercised in the manner specified in this Constitution. Part II Fundamental Constituents of Kuwaiti Society Article 7 [State Goals] Justice, Liberty, and Equality are the pillars of society; co-operation and mutual help are the firmest bonds between citizens. Article 8 [Guardian State] The State safeguards the pillars of Society and ensures security, tranquility, and equal opportunities for citizens. Article 9 [Family] The family is the corner-stone of Society. It is founded on religion, morality, and patriotism. Law shall preserve the integrity of the family, strengthen its ties, and protect under its support motherhood and childhood. Article 10 [Youth Protection] The State cares for the young and protects them from exploitation and from moral, physical, and spiritual neglect. Article 11 [Old Age Protection] The State ensures aid for citizens in old age, sickness, or inability to work. It also provides them with services of social security, social aid, and medical care. Article 12 [Arab Heritage] The State safeguards the heritage of Islam and of the Arabs and contributes to the furtherance of human civilisation. Article 13 [Education] Education is a fundamental requisite for the progress of society, assured and promoted by the State. Article 14 [Science, Arts] The State shall promote science, letters, and the arts and encourage scientific research therein. Article 15 [Health Care] The State cares for public health and for means of prevention and treatment of diseases and epidemics. Article 16 [Property Rights] Property, capital, and work are fundamental constituents of the social structure of the State and of the national wealth. All of them are individual rights with a social function as regulated by law. Article 17 [Public Property] Public property is inviolable and its protection is the duty of every citizen. Article 18 [Private Property, Inheritance] (1) Private property is inviolable. No one shall be prevented from disposing of his property except within the limits of the law. No property shall be expropriated except for the public benefit under the circumstances and in the manner specified by law, and on condition that just compensation is paid. (2) Inheritance is a right governed by the Islamic Sharia. Article 19 [Confiscation] General confiscation of the property of any person shall be prohibited. Confiscation of particular property as a penalty may not be inflicted except by court judgment in the circumstances specified by law. Article 20 [National Economy] The national economy shall be basod on social justice. It is founded on fair co-operation between public and private activities. Its aim shall be economic development, increase of productivity, improvement of the standard of living, and achievement of prosperity for citizens, all within the limits of the law. Article 21 [Natural Resources] Natural resources and all revenues therefrom are the property of the State. It shall ensure their preservation and proper exploitation, due regard being given to the requirements of State security and the national economy. Article 22 [Employment, Tenements] Relations between employers and employees and between landlords and tenants shall be regulated by law on economic principles, due regard being given to the rules of social justice. Article 23 [Banking] The State shall encourage both co-operative activities and savings, and supervise the system of credit. Article 24 [Taxation]

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CONSTITUTION OF THE REPUBLIC OF TURKEY

Constitution of the Republic of Turkey…………………………………………………………………..1 Rules of Procedure of the Grand National Assembly of Turkey……………123 II CONSTITUTION OF THE REPUBLIC OF TURKEY IV VV CONSTITUTION OF THE REPUBLIC OF TURKEY PREAMBLE…………………………………………………………………………..1 PART ONE General Principles Form of the State………………………………………………………….3 Characteristics of the Republic………………………………………3 III. Integrity, official language, flag, national anthem, and capital of the State………………………………………………….3 Irrevocable provisions………………………………………………….. 3 Fundamental aims and duties of the State……………………….3 Sovereignty………………………………………………………………….4 VII. Legislative power…………………………………………………………. 4 VIII. Executive power and function………………………………………..4 Judicial power……………………………………………………………… 4 Equality before the law …………………………………………………4 Supremacy and binding force of the Constitution……………5 PART TWO Fundamental Rights and Duties CHAPTER ONE General Provisions Nature of fundamental rights and freedoms…………………….5 Restriction of fundamental rights and freedoms……………….5 III. Prohibition of abuse of fundamental rights and freedoms……………………………………………………………………….6 VI Suspension of the exercise of fundamental rights and freedoms……………………………………………………………………..6 Status of aliens……………………………………………………………..7 CHAPTER TWO Rights and Duties of the Individual Personal inviolability, corporeal and spiritual existence of the individual ………………………………………………………….. 7 Prohibition of forced labour………………………………………….7 III. Personal liberty and security………………………………………….8 Privacy and protection of private life……………………………..9 Privacy of private life………………………………………………..9 Inviolability of the domicile……………………………………. 10 Freedom of communication……………………………………. 10 Freedom of residence and movement…………………………… 11 Freedom of religion and conscience…………………………….. 11 VII. Freedom of thought and opinion…………………………………. 12 VIII. Freedom of expression and dissemination of thought……. 12 Freedom of science and the arts…………………………………… 13 Provisions relating to the press and publication……………. 13 Freedom of the press………………………………………………. 13 Right to publish periodicals and non-periodicals………. 14 Protection of printing facilities ………………………………. 15 Right to use media other than the press owned by public corporations……………………………………………………….. 15 Right of rectification and reply……………………………….. 15 Rights and freedoms of assembly…………………………………. 15 Freedom of association…………………………………………… 15 Right to hold meetings and demonstration marches…. 16 XII. Right to property……………………………………………………….. 17 XIII. Provisions on the protection of rights………………………….. 17 VII Freedom to claim rights………………………………………….. 17 Principle of natural judge……………………………………….. 17 Principles relating to offences and penalties…………….. 17 XIV. Right to prove an allegation………………………………………… 18 Protection of fundamental rights and freedoms……………. 18 CHAPTER THREE Social and Economic Rights and Duties Protection of the family, and children’s rights………………. 19 Right and duty of education………………………………………… 19 III. Public interest……………………………………………………………. 20 Utilization of the coasts………………………………………….. 20 Land ownership……………………………………………………… 21 Protection of agriculture, animal husbandry, and persons engaged in these activities………………………………………. 21 Expropriation………………………………………………………… 21 Nationalization and privatization……………………………. 22 Freedom of work and contract…………………………………….. 22 Provisions relating to labour……………………………………….. 23 Right and duty to work…………………………………………… 23 Working conditions and right to rest and leisure………. 23 Right to organize unions………………………………………… 23 Activities of unions………………………………………………… 24 Collective labour agreement, right to strike, and lockout…. 24 Rights of collective labour agreement and collective agreement……………………………………………………………… 24 Right to strike, and lockout…………………………………….. 25 VII. Provision of fair wage…………………………………………………. 25 VIII. Health, the environment and housing…………………………… 26 Health services and protection of the environment……. 26 Right to housing…………………………………………………….. 26 VIII Youth and sports……………………………………………………….. 26 Protection of the youth…………………………………………… 26 Development of sports and arbitration…………………….. 27 Social security rights…………………………………………………… 27 Right to social security……………………………………………. 27 Persons requiring special protection in the field of social security…………………………………………………………………. 27 Protection of historical, cultural and natural assets………. 28 XII. Protection of arts and artists……………………………………….. 28 XIII. The extent of social and economic duties of the State…….. 28 CHAPTER FOUR Political Rights and Duties Turkish citizenship………………………………………………………29 Right to vote, to be elected and to engage in political activity………………………………………………………………………. 29 III. Provisions relating to political parties………………………….. 30 Forming parties, membership and withdrawal from membership in a party……………………………………………. 30 Principles to be observed by political parties…………….. 31 Right to enter public service………………………………………… 32 Entry into public service…………………………………………. 32 Declaration of assets………………………………………………. 33 National service…………………………………………………………. 33 Duty to pay taxes……………………………………………………….. 33 VII. Right of petition, right to information and appeal to the Ombudsperson………………………………………………………….. 33 IX PART THREE Fundamental Organs of the Republic CHAPTER ONE Legislative Power The Grand National Assembly ofTurkey……………………….34 Composition…………………………………………………………. 34 Eligibility to be a deputy…………………………………………. 35 Election term of the Grand National Assembly ofTurkey………………………………………………………………….. 35 Deferment of elections for the Grand National Assembly ofTurkeyand by-elections……………………………………… 36 General administration and supervision of elections…. 36 Provisions relating to membership………………………….. 37 Representing the nation……………………………………… 37 Oath-taking………………………………………………………. 37 Activities incompatible with membership……………. 38 Parliamentary immunity……………………………………. 38 Loss of membership…………………………………………… 39 Application for annulment…………………………………. 40 Salaries and travel allowances……………………………… 40 Duties and powers of the Grand National Assembly ofTurkey………………………………………………………………………. 40 General ………………………………………………………………… 40 Introduction and deliberation of bills ……………………… 41 Promulgation of laws by the President of the Republic… 41 Ratification of international treaties………………………… 41 Authorization to issue decrees having the force of law…. 42 Declaration of state of war and authorization to deploy the armed forces…………………………………………………….. 43 X X III. Provisions relating to the activities of the Grand National Assembly of Turkey………………………………………. 44 Convening and recess…………………………………………….. 44 Bureau of the Assembly………………………………………….. 44 Rules of Procedure, political party groups and security affairs……………………………………………………………………. 45 Quorums and majority for decisions……………………….. 46 Publicity and publication of debates………………………… 46 Waysof obtaining information and supervision by the Grand National Assembly ofTurkey……………………………. 46 General…………………………………………………………………. 46 Censure…………………………………………………………………. 47 Parliamentary investigation……………………………………. 47 CHAPTER TWO The Executive Power President of the Republic……………………………………………. 48 Qualifications and impartiality ………………………………. 48 Election ………………………………………………………………… 49 Oath-taking…………………………………………………………… 50 Duties and powers………………………………………………….. 50 Presidential accountability and non-accountability…… 52 Acting for the President of the Republic…………………… 52 General Secretariat of the President of the Republic….. 53 State Supervisory Council……………………………………….. 53 Council of Ministers…………………………………………………… 53 Formation…………………………………………………………….. 53 Taking office and vote of confidence………………………… 54 Vote of confidence while in office……………………………. 54 Functions and political responsibilities……………………. 54 The formation of ministries, and ministers………………. 55 XI Provisional Council of Ministers during elections…….. 55 Regulations…………………………………………………………… 56 Renewal of elections to the Grand National Assembly of Turkey by the President of the Republic…………………… 56 Offices of Commander-in-Chief and Chief of the General Staff……………………………………………………… 57 National Security Council…………………………………… 57 III. Extraordinary administration procedures……………………. 58 States of emergency………………………………………………… 58 Declaration of state of emergency because of natural disaster or serious economic crisis………………………. 58 Declaration of state of emergency because of widespread acts of violence and serious deterioration of public order…………………………………………………… 58 Rules regarding the states of emergency………………. 59 Martial law, mobilization and state of war……………….. 59 Administration………………………………………………………….. 61 Fundamentals of the administration……………………….. 61 Integrity of the administration and public legal personality ……………………………………………………….. 61 By-laws………………………………………………………………

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The Constitution of the Russian Federation 1993

{Adopted by referendum on: 12 Dec 1993} {ICL Document Status: 12 Dec 1993} {Long Title: Constitution of the Russian Federation} {Editor’s Note: Minor textual changes to Article 65 have been added by order of the President of 9 Jan 1996. The modified translation has been provided by Oleg Khokhlov (khokhlov2000@hotmail.com) in Feb 2001. } [Preamble] We, the multinational people of the Russian Federation, united by a common destiny on our land, asserting human rights and liberties, civil peace and accord, preserving the historic unity of the state, proceeding from the commonly recognized principles of equality and self-determination of the peoples, honoring the memory of our ancestors, who have passed on to us love of and respect for our homeland and faith in good and justice, reviving the sovereign statehood of Russia and asserting its immutable democratic foundations, striving to secure the well-being and prosperity of Russia and proceeding from a sense of responsibility for our homeland before the present and future generations, and being aware of ourselves as part of the world community, hereby approve the Constitution of the Russian Federation. [Part I]  First Part Chapter 1 Fundamentals of the Constitutional System Article 1 [Russian Federation] The Russian Federation — Russia is a democratic federal rule-of-law state with the republican form of government.  The names “Russian Federation” and “Russia” are equivalent. Article 2 [Protection of Human Rights] Humans, their rights and freedoms are the supreme value. It is a duty of the state to recognize, respect and protect the rights and liberties of humans and citizens. Article 3 [The Multinational People] (1) The multinational people of the Russian Federation is the vehicle of sovereignty and the only source of power in the Russian Federation. (2) The people of the Russian Federation exercise their power directly, and also through organs of state power and local self-government. (3) The referendum and free elections are the supreme direct manifestation of the power of the people. (4) No one may arrogate to oneself power in the Russian Federation.  Seizure of power or appropriation of power authorization are prosecuted under federal law. Article 4 [Sovereignty] (1) The sovereignty of the Russian Federation applies to its entire territory. (2) The Constitution of the Russian Federation and federal laws have supremacy throughout the entire territory of the Russian Federation. (3) The Russian Federation ensures the integrity and inviolability of its territory. Article 5  [Federal Structure] (1) The Russian Federation consists of republics, territories, regions, federal cities, an autonomous region and autonomous areas, which are equal subjects of the Russian Federation. (2) The republic (state) has its own constitution and legislation. A territory, region, federal city, autonomous region and autonomous area has its own charter and legislation (3) The federated structure of the Russian Federation are based on its state integrity, the uniform system of state power, delimitation of scopes of authority and powers between the bodies of state power of the Russian Federation and the bodies of state power of the subjects of the Russian Federation, equality and self-determination of the peoples in the Russian Federation. (4) All the subjects of the Russian Federation are equal among themselves in relations with the Federal bodies of state power. Article 6 [Citizenship] (1) Citizenship of the Russian Federation are acquired and terminated in accordance with the Federal law, and are one and equal irrespective of the grounds on which it has been acquired. (2) Every citizen of the Russian Federation has all the rights and liberties on its territory and bear equal duties, stipulated by the Constitution. (3) A citizen of the Russian Federation may not be stripped of citizenship or of the right to change it. Article 7  [State Principles] (1) The Russian Federation is a social state, whose policies are aimed at creating conditions which ensure a dignified life and free development of man. (2) The Russian Federation protects the work and health of its people, establish a guaranteed minimum wage, provide state support for family, motherhood, fatherhood and childhood, and also for the disabled and for elderly citizens, develop a system of social services and establish government pensions, benefits and other social security guarantees. Article 8  [Economic Guarantees] (1) Unity of economic space, free movement of goods, services and financial resources, support for competition and freedom of any economic activity is guaranteed in the Russian Federation. (2) Private, state, municipal and other forms of ownership are recognized and enjoy equal protection in the Russian Federation. Article 9 [Natural Resources] (1) The land and other natural resources are used and protected in the Russian Federation as the basis of the life and activity of the peoples living on their respective territories. (2) The land and other natural resources may be in private, state municipal and other forms of ownership. Article 10 [Separations of Powers] State power in the Russian Federation is exercised on the basis of the separation of the legislative, executive and judiciary branches. The bodies of legislative, executive and judiciary powers are independent. Article 11  [State Powers] (1) State power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (Council of the Federation and House of Representatives [State Duma]), the government of the Russian Federation and courts of the Russian Federation. (2) State power in the subjects of the Russian Federation is exercised by the organs of state authority formed by them. (3) The scopes of authority and powers of the bodies of state authority of the Russian Federation and the bodies of state authority of the subjects of the Russian Federation are delimited under this Constitution, Federal and other Treaties on the delimitation of scopes of authority and powers. Article 12 [Local Self-Government] Local self-government is recognized and guaranteed in the Russian Federation. Local self-government operates independently within the bounds of its authority. The bodies of local self-government are not part of the state power bodies. Article 13 [Political Plurality] (1) Ideological plurality is recognized in the Russian Federation. (2) No ideology may be instituted as a state-sponsored or mandatory ideology. (3) Political plurality and the multi-party system are recognized in the Russian Federation. (4) Public associations are equal before the law. (5) The establishment and the activities of public associations, whose aims and actions are directed at forcible alteration of the fundamentals of constitutional governance and violation of the integrity of the Russian Federation and undermining of the security of the state,

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The Constitution of Saudi Arabia, 1992

  Chapter 1 General Principles Article 1 The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion; God’s Book and the Sunnah of His Prophet, God’s prayers and peace be upon him, are its constitution, Arabic is its language and Riyadh is its capital. Article 2 The state’s public holidays are Id al-Fitr and Id al-Adha. Its calendar is the Hegira calendar. Article 3 The state’s flag shall be as follows: (a) It shall be green. (b) Its width shall be equal to two-thirds of it’s length. (c) The words “There is but one God and Mohammed is His Prophet” shall be inscribed in the center with a drawn sword under it. The statute shall define the rules pertaining to it. Article 4 The state’s emblem shall consist of two crossed swords with a palm tree in the upper space between them. The statute shall define the state’s anthem and its medals. Chapter 2 Monarchy Article 5 (a) The system of government in the Kingdom of Saudi Arabia is that of a monarchy. (b) Rule passes to the sons of the founding King, Abd al-Aziz Bin Abd al-Rahman al-Faysal Al Sa’ud, and to their children’s children. The most upright among them is to receive allegiance in accordance with the principles of the Holy Koran and the Tradition of the Venerable Prophet. (c) The King chooses the Heir Apparent and relieves him of his duties by Royal order. (d) The Heir Apparent is to devote his time to his duties as an Heir Apparent and to whatever missions the King entrusts him with. (e) The Heir Apparent takes over the powers of the King on the latter’s death until the act of allegiance has been carried out. Article 6 Citizens are to pay allegiance to the King in accordance with the holy Koran and the tradition of the Prophet, in submission and obedience, in times of ease and difficulty, fortune and adversity. Article 7 Government in Saudi Arabia derives power from the Holy Koran and the Prophet’s tradition. Article 8 [Government Principles] Government in the Kingdom of Saudi Arabia is based on the premise of justice, consultation, and equality in accordance with the Islamic SHARIAH. Chapter 3 Features of the Saudi Family Article 9 The family is the kernel of Saudi society, and its members shall be brought up on the basis of the Islamic faith, and loyalty and obedience to God, His Messenger, and to guardians; respect for and implementation of the law, and love of and pride in the homeland and its glorious history as the Islamic faith stipulates. Article 10 The state will aspire to strengthen family ties, maintain its Arab and Islamic values and care for all its members, and to provide the right conditions for the growth of their resources and capabilities. Article 11 Saudi society will be based on the principle of adherence to God’s command, on mutual cooperation in good deeds and piety and mutual support and inseparability. Article 12 The consolidation of national unity is a duty, and the state will prevent anything that may lead to disunity, sedition and separation. Article 13 Education will aim at instilling the Islamic faith in the younger generation, providing its members with knowledge and skills and preparing them to become useful members in the building of their society, members who love their homeland and are proud of its history. Chapter 4 Economic Principles Article 14 All God’s bestowed wealth, be it under the ground, on the surface or in national territorial waters, in the land or maritime domains under the state’s control, are the property of the state as defined by law. The law defines means of exploiting, protecting, and developing such wealth in the interests of the state, its security and economy. Article 15 No privilege is to be granted and no public resource is to be exploited without a law. Article 16 Public money is sacrosanct. The state has an obligation to protect it and both citizens and residents are to safeguard it. Article 17 Property, capital, and labor are essential elements in the Kingdom’s economic and social being. They are personal rights which perform a social function in accordance with Islamic SHARIAH. Article 18 The state protects freedom of private property and its sanctity. No one is to be stripped of his property except when it serves the public interest, in which case fair compensation is due. Article 19 Public confiscation of money is prohibited and the penalty of private confiscation is to be imposed only by a legal order. Article 20 Taxes and fees are to be imposed on a basis of justice and only when the need for them arises. Imposition, amendment, revocation and exemption is only permitted by law. Article 21 Alms tax is to be levied and paid to legitimate recipients. Article 22 Economic and social development is to be achieved according to a just and scientific plan.   Chapter 5 Rights and Duties Article 23 [Islam] The state protects Islam; it implements its SHARIAH; it orders people to do right and shun evil; it fulfills the duty regarding God’s call. Article 24 [Holy Places] The state works to construct and serve the Holy Places; it provides security and care for those who come to perform the pilgrimage and minor pilgrimage in them through the provision of facilities and peace. Article 25 [World Peace] The state strives for the achievement of the hopes of the Arab and Islamic nation for solidarity and unity of word, and to consolidate its relations with friendly states. Article 26 [Human Rights] The state protects human rights in accordance with the Islamic SHARIAH. Article 27 [Welfare Rights] The state guarantees the rights of the citizen and his family in cases of emergency, illness and disability, and in old age; it supports the system of social security and encourages institutions and individuals to contribute in acts of charity. Article 28 [Work] The state provides job opportunities for who-ever is capable

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The Constitution of the Islamic Republic of Pakistan, 1973.

After going through many upas and downs since it’s inception until the 1973, Pakistan witnessed a comprehensive and an exhaustive Constitution approved and enacted unanimously on 12 April, 1973. This Constitution was, in many aspects, unique from previous ones. Slam was declared as a state religion. Principles of Policy were introduced in the new document raging from Article 29 to 40. These are the guiding principles for state policies.  The Parliament and the Executive are to bear in mind these guiding principles while devising any law or policy. A comprehensive list of the Fundamental Rights was also included from Articles 8 to 28. Parliamentary system was again adopted. The Country was declared as an Islamic Federation comprising of four provinces: Punjab, Sindh, Khyber Pakhtunkhwa and Baluchistan, and certain other territories which were under the control of the federal government at he center. In this Constitution, the designation of the president is  ceremonial in nature. He is a ceremonial head of the state, sitting as a representative of the federal units of the state. He is supposed to be impartial. Prime Minister has power under the new document to control the executive of the  state. He is the head of the cabinet, responsible for the most crucial policy decisions during the rein. Prime Minister is elected from the majority party and who enjoys support of the majority within the Parliament. The Parliament is bicameral, comprising two houses: National Assembly, called lower house and Senate, called upper house. The Constitution also comprehensively outlines how the Parliament should be run, how members can be elected to it, and what its tenure should be. The Constitution also embodies trichotomy of power, providing that the Parliament is to legislate, the executive is to implement  and the judiciary is to interpret. This separation of power is not explicitly written in the Constitution but it is implied in it. Every organ of the State has given limited and exclusive powers to run the system. None of the organ is allowed to intrude into the domain of another and assume the role of that organ. The Constitution of 1973 has seen so far as many as 25 amendments since its inception. All of them are very crucial but one of  the most significant of these amendments is the 18th amendment which granted more autonomy to the provinces and left a limited list of powers for federal government. There is a list called federal legislative list provided in the Fourth Schedule of the Constitution which stipulates the areas in which the federal government is allowed to legislate and exercise power. The rest of the areas are left for the provinces to legislate and regulate. The residual powers have also been given to the provinces  in the new Constitution. This heard-earned document has also faced two martial laws, both of them were the longest martial laws  of our history. Despite this, the Constitution has survived and we still have this blessing of Allah to run our state. Here is the downloadable text of the Constitution: Click to Download 

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The Constitution of the Islamic Republic of Pakistan, 1962.

Right after the independence Pakistan faced many challenges on political as well as on legal front. After 9 years of struggle the then political leadership succeeded to pass its own constitution in 1956. The leadership strived day and night for having a constitution to run the affairs of the country. Unfortunately, this  hard-earned victory did last for long. A dictator, General Ayyub Khan, abrogated this crucial document  that had been enacted by the chosen representatives of the people of Pakistan. This was the first martial law imposed on the people of the Islamic Republic of Pakistan, which lasted for a long and whose repercussions and implications can still be felt in our political and legal system. After suspending the first-ever Constitution of the country,  General Ayyub formed a Constitutional Commission to draft another constitution. The then Chief Justice, Mr. Shahabuddin, was appointed as head of the Commission and they came up with a constitution which was later on imposed on the people of Pakistan. In the new constitution, a presidential system was introduced, abolishing the parliamentary system and president was conferred unlimited power as a head of the state. The president acquired power , among other things,  to dissolve the assemblies, be they national or provincial and to appoint governors and ministers at federal as well as provincial levels. In summary, this was a power-centralized regime of a dictator where the chosen representatives had very less to say, and they had become symbolic in the new regime. An attempt was also made in the new constitution to change Islam as the official religion of the state. The state was initially declared as The Republic Of Pakistan and the suffix of Islam was removed, but right after one year of the new constitution, Islam had to be declared as an official religion of the state on the protest of the democratic representatives of the people of Pakistan. under the guise of Basic Democracies system, local bodies  were  also introduced in the new constitution which were looked at as diluting the  political parties’ influence, leading to authoritarianism. General Ayyub tried hard to steer the nation towards modernization and stability but concentrating power within himself and suppressing the political leadership and its power generated discontent and anxiety among the general public. The rest is a bleak history of our country, depicting that how it led to political turmoil and partition of the country. Click to download   

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Sexual Harassment lawandpolicychambers

Sexual Harassment is not limited to sexual intimacy alone. It extends to gender-based discrimination too. says SC.

A larger bench of the Supreme Court has released its recent judgment in review petition, C.R.P.255/2021,  wherein the Court has adopted purposive and expansive approach of interpretation to enlarge the scope of sexual harassment to that of gender- based harassment. The Court has heard this case in review jurisdiction and overturned its earlier judgement in Civil Petition No. 4570 of 2019 (given at the end) by holding that the Court had previously erred in construction of the word sexual. The Court underpinned the concept of sexual harassment and opined that the word sex is used in two connotations: one of which is physical intimacy or  intimate physical contract between two individuals and the second is which indicates difference between sexes or genders. Hence, the Court emphatically says in the judgment that the word sexual cannot be restricted to physical intimacy or sexual harassment alone. It must embody discrimination on the basis of sex/gender. If any person harasses another at workplace whether such harassment is sexual or it is based on gender difference, this act will attract will fall under the preview 2(h) of the Protection of Women Against Harassment  at Work Place Act, 2010. However, this is to be mentioned here that the legislature has amended the said provision of the definition of harassment through an Amendment in 2022.  Here is the text of the amendment: The Protection against Harassment of women at the Workplace (Amendment) Act, 2022, § 2(d), No. V of2022 (Pakistan) substituted namely “(h) “harassment” means– (i) any unwelcome sexual advance, request forsexual favours, stalking or cyber stalking or other verbal, visual or written communication or physical conductof a sexual nature or sexually demeaning attitudes, including any gestures or expression conveyingderogatory connotation causing interference with work performance or creating any intimidating, hostile oroffensive work environment, or the attempt to punish the complainant for refusal to comply to such a request oris made a condition for employment; or (ii) discrimination on basis of gender, which may or may not be sexualin nature, but which may embody a discriminatory and prejudicial mind–set or notion, resulting indiscriminatory behavior on basis of gender against the complainant;”   The new amendment has embodied discrimination on the basis of gender in the definition of harassment. This was missing in the erstwhile definition of sexual harassment but the Court still opted to read such interpretation into the erstwhile definition and gave it retrospective effect from 2010 to 2022. Click to Download Click to Download the Judgment under Review

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Shutdown of Internet and Mobile lawandpolicychambers

Shutdown of Internet and Mobile Signals is illegal: says Islamabad High Court.

Did you know that the Islamabad High Court declared Shutdown of Internet and Mobile Signals as Illegal? Here is the amazing story of the case which was argued, back in 2018 by Digital Law expert, Barrister Umer Ijaz Gilani of Law and Policy Chambers. The case was triggered by intermittent, week-long shutdowns carried out in Islamabad around 23rd March, 2016. A number of courageous civil society members stepped forth to challenge it. Umer Ijaz Gilani Advocate High Courts argued the case, focusing on S. 54(3) of Pakistan Telecommunications Reorganization Act, 1996. Initially, the Court was reluctant. But after two years of relentless public advocacy, which is the hallmark of Law and Policy Chambers, the Court granted the petition. The judgment, authored by Mr. Justice Ather Minallah was celebrated not only in the national press but globally and remains displayed on Columbia University’s website. Eventually, it was struck down on Appeal by a bench of the Supreme Court of Pakistan headed by Justice Umar Ata Bandial. The Supreme Court, perhaps because it was not well assisted, simply failed to appreciate the meaning of S. 54(3) and also remainder oblivious towards the emerging right of access to internet and telecom which is a logical corollary of rights already enumerated in the Constitution of the Islamic Republic of Pakistan. Click to Download

Shutdown of Internet and Mobile Signals is illegal: says Islamabad High Court. Read More »

Imran Khan’s arrest illegal lawandpolicychambers

Supreme Court holds Imran Khan’s arrest illegal. Here is short written order:

Supreme Court has released its short written order in Imran Khan’s arrest case wherein the Court has suspended earlier order of Islamabad High Court which had declared the arrest legal. Here is the short written order of the Supreme Court: Click to Download

Supreme Court holds Imran Khan’s arrest illegal. Here is short written order: Read More »

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