*** How can you have an 'independent judiciary' if u do not have 'rules and laws' established in the country in order to interpret them, act upon them and enforce them. In short 'rule of law' without existence of rules and laws is actually an empty slogan. A judiciary screaming to be 'independent' and yearning to enforce rules and laws is useless without the existence of RULES and LAWS. Therefore, an independent and proactive judiciary sans rules and laws is like having a bull in a Chinashop. All it will do is further judicial activism which can do wrong.
Rules and laws are made by legislative assemblies, by the elected representatives of the people. But with leaders and politicians who have vast vote banks in the form of loyal tribes, clans and communities, they perpetuate their personal agendas by using democracy to enter parliament - thus these people cannot afford to create any rules and laws. It will defang them. So they won't let rules and lwas be created or implemented.
Only non-tribal leaders and politicians - unfortunately a motley group in Pakistan now the middle class one's or supported by the middle class- can and will create rules and laws. It is their best defense for their livelihood, social and political survivals. Present example of such leaders across party line: Mushahid Hussain, Raza Rabbani, Aitzaz Ahsan, Imran Khan, to name a few.
Interestingly all of them are from the middle class, educated, non-tribal socially and mindset wise.
Monday, April 20, 2009
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