yazdi
September 19, 2007, 10:14am
11
Re: Is parliament allowed to formulate any law they want
No. Parliament is elected for 5 years term. How can it “elect” prime minister or president beyond its own tenure? This is one of the questions being debated in SC these days.
The discrimination part is not unique to Pakistan. No person can become an American president if they aren’t born in the country. So yes, they can formulate such discriminatory laws. But keep in mind, these laws r made to target a whole set of people, not any one person in particular. Constitutional amendments that favor a single person are questionable in my opinion. It’s against the spirit of the constitution.
This should answer ur question:
(5) No amendment of the Constitution shall be called in question in any court on any ground whatsoever.
(6) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend any of the provisions of the Constitution.
Part XI: "Amendment of Constitution"
But keep in mind our constitution assumes that there is a federal democracy in the country. So in that context public pressure should mean that there r certain unwritten limits beyond which the parliament won’t go. For instance, it won’t take away ur fundamental rights and it won’t allow slavery and so on. That we have a quasi parliamentary-Presidential hybrid hotchpotch ***thing ***going on changes everything.
So you are saying is there is no restriction one the parliament except public pressure…
You are saying due to some unwritten limits beyond which the parliament won’t go. But don’t you think with 17th ammendment the last parliament has transgressed these unwritten limits…