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Judicial Activism and Human Rights in Pakistan and India (Paperback)
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Judicial Activism and Human Rights in Pakistan and India (Paperback)
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Human rights, along with right to life as a most basic human right
of all, were expressly protected in the Constitutions of India and
Pakistan, when international human rights law was in its embryonic
form. No doubt, the new jurisprudence of human rights placed their
protection on a higher pedestal than other provisions of the
Constitution, and was welcomed warmly. However, judicial activism
was a sheer deviation from the spirit and norms of a constitutional
democracy, theory of separation of powers, and the limited
jurisdiction of the Supreme Court of India, under the Indian
Constitution. While in Pakistan, it has continuously been denied to
review a constitutional amendment, taking away a fundamental right,
on the ground that political questions were better to be solved on
the forum of Parliament, instead of Judiciary. Nonetheless, with
the passage of time, the horizons of right to life expanded,
assimilating a number of other human rights, missing in the
Constitutions of both Countries. They emerged as penumbra of right
to life, owing to the active judicial role, creating most of third
generation human rights.
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