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SALEEM AHMED JAN vs DEPUTY COMMISSIONER, ISLAMABAD Law making authority — 2024 CLC 953 ISLAMABAD

Case information

Citation
2024 CLC 953 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
SALEEM AHMED JAN vs DEPUTY COMMISSIONER, ISLAMABAD Law making authority

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SALEEM AHMED JAN VS DEPUTY COMMISSIONER, ISLAMABAD Law making authority---Scope---In a polity governed by a written Constitution, all power flows from the Constitution being the fundamental law---Such Constitution while determining respective scope of authority of institutions incorporates doctrine of limited powers by design---Legislature is sovereign for it is vested with the power to write laws and also amend the Constitution, which is the supreme law---Judiciary is final for it is vested with the authority to declare what the law and the Constitution mean and how they are to be enforced---In such a scheme, the matter of interpretation and enforcement of law and Constitution falls within the province of the Judiciary---It, therefore, falls upon the Courts to determine and declare what institutional limits prescribed by the Constitution are and when an institution transgresses them---It is while determining such limits that the Judiciary often exercises self-restraint and stays its hands in various matters where it is asked to intervene, if it comes to the conclusion that a decision on the matter has been placed by the Constitution within the realm of another institution.

Other judgments reported in 2024 CLC

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