Supremacy Of Constitution & Independence Of Judiciary By Hamid Khan - JWT

Hamid Khan’s Supremacy of Constitution & Independence of Judiciary is a critical examination of two foundational pillars of any democratic state: the supremacy of the constitution and the independence of the judiciary. This book is a must-read for students, legal professionals, and anyone interested in understanding the constitutional framework and judicial independence in Pakistan, with relevant examples from history and legal practice.

Key Features of the Book

1. Concept of Constitutional Supremacy
   The book delves deeply into the concept of constitutional supremacy, explaining its fundamental role in establishing the rule of law and ensuring that all actions of the government are in accordance with the constitution.

2. The Role of Judiciary in Protecting the Constitution
   One of the core themes of the book is the pivotal role of the judiciary in upholding and protecting the constitution. It explores how judicial independence is integral to ensuring that unconstitutional laws and government actions are checked.

3. Judicial Independence
   Hamid Khan highlights the independence of the judiciary, discussing the importance of an impartial and autonomous judiciary free from political influence. He addresses the challenges faced by the judiciary in maintaining independence in various contexts.

4. Historical Context and Judicial Precedents
   The book reviews important judicial precedents and historical instances that have shaped the concept of constitutional supremacy and judicial independence in Pakistan. It also compares Pakistan's experience with that of other countries to give a broader understanding.

5. Constitutional Amendments and Their Impact
   The text also examines the impact of various constitutional amendments on the supremacy of the constitution, particularly focusing on how amendments have been used to either reinforce or undermine judicial independence and constitutional authority.

6. Separation of Powers
   The book explains the concept of separation of powers, detailing how the judiciary, executive, and legislature must remain distinct to ensure a functional democracy. It underscores the judiciary's role in acting as a check on both the legislature and executive.

7. The Role of the Legal Community
   The book discusses the role of lawyers, judges, and other legal professionals in advocating for constitutional supremacy and judicial independence. It emphasizes the importance of legal education in preserving democratic principles.

8. Judicial Activism and Restraint
   It provides a nuanced analysis of judicial activism versus judicial restraint—the balance between the judiciary stepping in to correct wrongdoings and respecting the roles of the other branches of government.

9. Contemporary Issues and Challenges
   The author explores contemporary issues facing the judiciary, including political pressure, corruption, and the challenge of balancing national security with constitutional rights.

10. Case Studies and Legal Reasoning
    Hamid Khan provides case studies of landmark rulings in Pakistan’s legal history that have affirmed or challenged the supremacy of the constitution and the independence of the judiciary. These examples illustrate the principles in action.

Conclusion

Supremacy of Constitution & Independence of Judiciary by Hamid Khan is an insightful and comprehensive study that provides a thorough understanding of the two most critical concepts in a democratic legal system. By examining constitutional supremacy and judicial independence in detail, the book offers invaluable knowledge to law students, legal practitioners, and anyone interested in the functioning of democratic institutions.

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Writer                 ✤        Hamid Khan

Publishers           ✤       Jahangir's World Times , JWT