The Judicial Practice Assumed by Supreme Court Leadership in Usa And Pakistan

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The judicial practice assumed by Supreme Court leadership in USA and Pakistan


S j tubrazy

The basic essential of the judicial process assumed by Supreme Court leadership in both Pakistan and the United States of America is precisely that it must be genuinely principled, resting, with respect to every step that is involved, on analysis and reasons quite transcending the minimum result teat is achieved.

The Chief Justices emerge to be inclined to enforce legal norms that are clearly contain in the written Constitutions. Many observers believe that the practice to interpret and the notion of impartial principle provide the necessary framework for their theoretical validity. Interpretivism has enabled the Chief Justices of Pakistan and of the United States of America to implement the rule of law by determining the route to social salvation.

The Chief Justices’ choices are evolving as a result of the grasp of the political theory that they serve. The Chief Justices in the United States of America and in Pakistan seem to have been cognizant of the fact that the independence attained by Pakistan and the United States of America is meant to make men free to develop their faculties; and that the Governments in the two countries are expected to release deliberative forces so that they may prevail over the arbitrary.

Sometimes the Chief Justices have valued liberty as a means to a higher end. They believed liberty to be the secret of happiness. They believed that freedom to think as you will and to speak as you think are means requisite to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of injurious doctrine; that public discussion is a political duty; and that this could be a fundamental principle of the respective Governments. They have recognized the risks to which all human institutions are subject. But they have known that it is hazardous to discourage hope and imagination; that fear breeds repression; that repression, breeds hate; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies. Believing in the power of reason as applied through arguments and discussion, they have promoted the cause of the rule of law in Pakistan and the United States of America.


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