Judiciary

Digitalized judiciary

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  • Post category:Law
  • Reading time:5 mins read

Chief Justice of Pakistan Qazi Faez Isa has a great opportunity to rejuvenate our ailing judicial system and propel it into a dynamic force. This pivotal role can infuse new life and potential into our legal framework, ultimately reshaping the nation’s economy, politics, and society. By harnessing the power of digital technologies and simultaneously enforcing the right-to-information law that relate to the proactive disclosure and wide dissemination of information held by public bodies, the chief justice can usher in a revolutionary transformation. It is crucial to acknowledge that these two facets of transformation are intricately linked and interdependent for tangible progress. The chief justice can initiate this transformative process, commencing with the Supreme Court of Pakistan and extending it to the entire judicial system. By proactively embracing digitalization and advocating for transparency, accountability, and efficiency, the chief justice can effectively curtail resource wastage and reduce corruption. This proactive stance not only empowers the people with access to vital information but also lays the foundation for a more just and accountable society. We can draw valuable lessons from leading examples in the realm of digitalization. Estonia, for instance, stands out as a noteworthy success story in digital transformation. China, too, offers insights, as it has implemented blockchain technologies even at the district level. Additionally, various pilot projects around the world have illustrated the advantages and effectiveness of digital technologies within the legal profession. Notable initiatives include: intersection of artificial intelligence, internet courts for alternate dispute resolution, and blockchain-based judicial systems in…

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Has The Judicial System Legitimized Undemocratic Systems In The Past?

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  • Reading time:14 mins read

Introduction – Democracy and the Rule of Law Owing to constant unconstitutional behaviors in the past, Pakistan has remained a weak democratic state and democracy has become a mere slogan. Democracy is a universally recognized ideal form of government. The Universal Declaration on Democracy (UDOD) necessitates judicial institutions under its principle 17 to uplift the judicial process, redress injustices and provide access to justice for all under the due process of law. The Declaration recognizes the impartiality and independence of the judicial mechanism as a guarantor of the rule of law. The rule of law necessitates a separation of powers, an independent, just and impartial legal system and fundamental rights as the property of an ideal and liberal Constitution to strengthen democracy. Democracy in the Western world is a liberal democracy, contrary to the biased and ignored democracies of the third world and developing countries. Pakistan is a democratic society, however, it is wrapped in an undemocratic state. After 7 decades of independence and following three Constitutions (1956, 1962 and 1973) it still leaves a lot to be desired in becoming a democratic state. Pakistan identifies the principle of judicial independence, but has unfortunately fallen prey to unconstitutionalism and dictatorships in the past. Since 1947, Pakistan has experienced several changes in government, alternating between civilian and military rule. Such alterations have shackled our judicial structure and curtailed the independence of judiciary – which is a prerequisite for the survival of democracy – resulting in an evasive rule of law. Even though the courts have proclaimed themselves as guardians…

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The Role Of Judiciary In Promotion Of Culture Of Tolerance

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  • Reading time:34 mins read

Introduction: The Judiciary is an institution of the highest value in every society and the Universal Declaration of Human Rights (Art 10) and the International Covenant on Civil and Political Rights Art 14(1) proclaim that everyone should be entitled to a fair and public hearing by a competent, independent judiciary. The rule of law is the foundation of a democratic society. The Judiciary is the guardian of the rule of law. Hence Judiciary is not only the third pillar, but the centre pillar of a democratic State. In a democratic country like Pakistan, where a written Constitution is followed, it is a supreme authority for all citizens and institutions. The authority to interpret the judicial complications is vested in the superior Courts. It is also the prime duty of the Judiciary to oversee that all citizens and institutions including the executive and the legislature act within the framework of constitution and the fundamental law of the land.[1] Now-a-days the judiciary is subjected to serve criticism with reference to the back log, inefficiency and corruption. No one can justify, if the allegations are correct. The back log is a common problem in countries were adversarial system of justice is enforced. This inherent problem surfaced in Pakistan due to executive’s being prejudice against judiciary and mismanagement of judicial system. Lack of interest in judicial reform, failure to cater the needs of judiciary in consonance with the needs of the growing population and its demands and above all keeping the judicial officers linked with the executive’s ranks and…

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