What many don't realize is that the battle in Pakistan has always been between constitutionalism and Feudal insticts domination....for want of a better expression .And in this battle the latest resistance of the Pakistani legal community is one that needs global support .the reasons are many one of them is that the guiding force or grund norm is a body of principals developed and shaped by haloed common law traditions .The best features of this norm are the values of democracy , modernity plurism and reason .
Imagine a community which doesn't have direct cash stake in a struggle against a overbearing state ...yet is actively and effectivly involved in it and the current resistance fits this requirment .
the reinstatment of the chief justice and the insecurity of the Musharaff in having prominent figures like Pakistan Bar Council vice-chairman Ali Ahmed ,former judge Tariq Mahmood and Supreme Court Bar Association chief Aitzaz Ahsan detained after delceration of emergency in Pakistan (they were are released on the eve of polling in pakistan )
.the legal fraternity of Pakistan who are the only people with any integrity in the political / public space in Pakistan .
pls write to the Pakistan Supreme Court bar council at Info@pbc.gov.pk in case you want to express your support ..
three cheers to lawyers ..o come on they are not all that bad ...
Sunday, February 17, 2008
Monday, February 11, 2008
Developer suggestion to Law Drafters - adapt to beta code
This contribution by a guy with an apparently techie background on the slashdot.org is an excellent take on the law drafting process prevalent in the common law world .. the significant input in this article is that we follow an extremely litigation prone and unscientific process of creating law .
The question to be answered is ---do we test a statute on real or simulated situations before we slap on people ?
In India i have been privy to some information which indicates that the lawyers often follow a secret code of keeping a law ambiguous by making certain provisions vague !!
..the result is more money for lawyers ..Interpretation Process suffers from a casuality ..the hapless litigants ..
because following the hallowed principle of making a statute work( read francis bennnion ) they apply the roman and common law principles to rescue a statute from being unworkable or unjust ..but we need a few decisions of live cases before ambiguities are removed ..so why not Install another layer of testing by jurists /lawyers/ex judges before the law goes live !! the beta version .
cheers
aks
The question to be answered is ---do we test a statute on real or simulated situations before we slap on people ?
In India i have been privy to some information which indicates that the lawyers often follow a secret code of keeping a law ambiguous by making certain provisions vague !!
..the result is more money for lawyers ..Interpretation Process suffers from a casuality ..the hapless litigants ..
because following the hallowed principle of making a statute work( read francis bennnion ) they apply the roman and common law principles to rescue a statute from being unworkable or unjust ..but we need a few decisions of live cases before ambiguities are removed ..so why not Install another layer of testing by jurists /lawyers/ex judges before the law goes live !! the beta version .
cheers
aks
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