usmanwrites
Sunday, January 13, 2019
Journey into Europe: Islam, Immigration, and Identity By Akbar Ahmad
Tuesday, December 18, 2018
An Enquiry concerning Human Understanding 1748
Origin of ideas
Association of ideas
Sunday, December 9, 2018
Suo Motu Powers of SCP
There are two related questions here. What do judges do and how do they do it? Do judges make the law or do they interpret and enforce it? If they do the former, they enter the domain of the legislature. If they don’t, can they make policy choices on behalf of lawmakers or the executive under the garb of interpreting and enforcing the law?
In this framework, citizens’ right to water would be the matter of principle that is to be upheld by the state. Whether this is done by building large dams or small or by harvesting rainwater or by replenishing aquifers or by doing all these things simultaneously would be a matter of policy. By deciding that citizens’ right to water is to be upheld by making large dams, financing for which will be sought through donations and overseen by the SC, it has forced a policy choice on the state. Anyone opposing this policy choice could be held in contempt of court.
The question thus remains, as an institution with enumerated powers (Article 175(2) says “No court shall have any jurisdiction save as is or maybe conferred on it by the constitution or by or under any law”), wherefrom does the SC derive the power to sponsor the Dam Project?
In Mustafa Impex 2016,CJP Saqib Nisar held that, “Article 90 states categorically what the federal government is; it consists of the prime minister and the federal ministers (ie the cabinet) ,the similarity with Articles 176 and 192 which respectively define the Supreme Court and the high court as consisting of the chief justice and judges).” It is interesting that he used the definition of the Supreme Court to affirm that just as the chief justice doesn’t comprise the SC all by himself, the PM doesn’t comprise the federal government.
A natural corollary in the 184(3) context is that the constitution vests this power in the SC and not the CJP. The constitution doesn’t elaborate any further how the 184(3) power is to be used. The Supreme Court Rules are silent as well. If efforts by the PM or ministers to make decisions that are to be made by the federal government are invalid, how is exercise of the 184(3) power by the CJP (when it belongs to the SC) valid exercise of 184(3) powers?
Individual power is vulnerable to arbitrariness and induces uncertainty, as opposed to what rule of law promises. The judicial arm is meant to guard the state and its citizens against arbitrary actions of the executive arm. But if the judicial arm’s power and functions are seen as driven by arbitrariness, who will guard against that?
And three, judicial overreach undermines executive authority. The vacuum theory, that other state institutions should step in because the executive or legislature doesn’t perform, is neither convincing nor not self-serving. The populist saviour model hasn’t worked. Suo-motu identification of problems hasn’t led to sustainable solutions.
Monday, December 3, 2018
A Theory of Justice by John Rawls
Friday, November 30, 2018
Dr.Iqbal's concept of Ego (Khudi)
Throughout history, prophets, poets and philosophers have appeared to remind human beings of their true nature --- a nature that consists of a temporal as well as a heavenly element. They have attempted to rekindle in the human beings the Divine Spark which is an integral part of their makeup. Speaking of this Divine Spark, the Qur’an notes that when Allah (SWT) created the first human being, He breathed His own spirit into this new creation (Al-Hijr 15:29 & Al-Sajdah 32:9). Consequently, human nature is not ‘‘human,’’ it is a ‘‘humanness’’ that has an element of the Divine in it. But after having been created ‘‘in the best conformation’’ (Al-Teen 95:4), the human being was reduced ‘‘to the lowest of the low’’ (Al- Teen 95:5). The question now arises as to whether the human individual can again rise to the original noble heights at which he/she was created.
Sunday, January 19, 2014
Life was quite at ease when Apple and Black Berry were just fruits!
The presented adage reflects the paradox of our time in history, as in this era of Apples and Black Berrys, people haven't heard the voice of their near and dear ones in ages.Their fingers do the talkings and smileys carry emotions, retaining eye contact is thing of the past because constant interruption of the 'buzz' is more desirable!
As a matter of fact, no communication device on earth has the power to replace the joy, warmth and heart felt compassion of one to one meeting.There is no denying the glaring fact that gadgets have brought us close to people sitting thousands of miles away from us but paradoxically, our kith and kin have been pushed away from us!
In the age we are aging we are so much obsessed with Apples and Black Berrys that we have no quiet time to ponder the eternal mystery of birds in the sky, bees in the sun and flowers on the green hillside. In quintessence, the peace of mankind has been robbed owing to unwarranted and unjustified use of technology!
Technological advancement is not a bad occurrence at all rather our obsession with gadgets has turned the innovations into an inferno. In order to strike a fine balance between humanity and technology we should remember to give time to love to speak and to share precious thought in our mid with our loved ones...
After all life will not be measured by how many people like our status or Retweet our tweet but by the quality time spent with people who are very close to our heart!!!!!
By usmanwrites
Thursday, January 16, 2014
Democracy: A fallacy
The definition of democracy is “the government of the people by the people” but that should be redefined when so many citizens in democratic countries feel disempowered.
Democracy’s failings are tragically playing out in its birthplace, Greece, where the government has to abide by diktats from Brussels else hurl the country into bankruptcy. The privilege of living in a democracy was no comfort to the 77-year-old retired pharmacist who shot himself in Athens’ Syntagma Square, fearing being reduced to eating from garbage cans.
As a concept, democracy is great, but, in practical terms, it’s grossly overrated and isn’t one size fits all. So isn’t it about time we quit prostrating ourselves before its altar, rid ourselves of the quasi taboo of even questioning its merits and began recognizing that it has warts? People in non-democratic countries who believe democracy is the cure to all their ills are sadly misguided. For one thing, it’s a system of governance that relies on an educated population who can understand the issues at stake. In Egypt, where 40 percent of citizens are unable to read or write and where over half live under or just over the poverty line, it’s no surprise that a large number are seduced by political parties that promote their agendas under religious slogans.
For another, it doesn’t work in nations where there are sectarian divisions or tribal links because voters will simply vote according to their ethnicity, religion or inherited personal loyalties. Democracy was forcibly introduced to Iraq but as long as there is a Shiite majority, Sunnis will feel excluded. And in Israel, whose Jewish population boasts that their state is the only democracy in the Middle East, there will never be an Arab-Israeli prime minister or president. Afghanistan is nominally a democracy but how on earth can democracy exist under foreign occupation?
Thirdly, in places where there’s corruption, its outcome can be manipulated by bribes or at the ballot box and in others by convoluted or unfair rules. In the US, former President George W. Bush’s two wins came under a cloud with the first having to be pronounced upon by the Supreme Court even though rival Al Gore received more of the popular vote—and the second having been marred by electronic ‘vote switching’ incidents that favoured Bush.
Fourthly, it provides citizens with the illusion that they are free to make choices or to have a say in the running of their country when nine-times-out-of-ten politicians promise the earth before they’re elected and do exactly as they please once they’re in office. Former British Prime Minister Tony Blair didn’t care a jot that the overwhelming majority of British citizens were against the invasion of Iraq when he squandered the lives of servicemen and women, along with his nation’s surplus. Moreover, any prime minister or president who is elected with a small majority, say 55 percent, is not necessarily representative of the interests of the remaining 45 per cent.
The pro-democracy argument rests on the ability of citizens to vote out a leader they believe has let them down when his term ends, which has merit. However, countries that are suffering major long-term problems need long-term plans and programmes which successive elected governments, each with differing solutions, are unable to implement to fruition. Real decision-makers Take the US, for instance, where Democrats have been trying unsuccessfully to institute universal health care for decades. President Barack Obama managed to get a heavily watered-down version of Obamacare—“The Patient Protection and Affordable Care Act”—passed by Congress but not only is the Supreme Court weighted in Republicans’ favour reviewing its constitutionality, all Republican presidential contenders have sworn to repeal it. Put simply, democracy lacks continuity.
Then, because democracy usually goes hand-in-hand with a capitalist system the real decision-makers are not ordinary people but bankers, corporate moguls and media barons who encourage a debt-ridden, materialistic society that keeps workers on a gruelling treadmill in order to purchase that ‘must have’ plasma TV and to keep up with mortgage payments on a home they think they own, when until that final payment it’s actually the property of the bank.
Democracy gives power to media bosses like Rupert Murdoch, who used to regularly drop in on Blair’s Downing Street without invitation, as which politician in his right mind would dare upset a guy who shapes voters’ perceptions in his tabloids. And, to my mind, the way that political candidates are funded by interest groups and lobbies in the US is wholly undemocratic as it means organisations use their cash and influence to manipulate policies.
To be fair, there are many nations in which democracy has been beneficial, comparatively wealthy Scandinavian countries come to mind, where democracy and capitalism are tempered by welfare systems. Many of democracy’s advocates admit it’s not perfect but say it’s the best available. I once thought the same because, like so many, I was brought-up in a country whose citizens are indoctrinated from an early age to automatically accept democracy as the gold standard. Most of us are so caught up in nomenclature that often we can’t see the forest for the trees. Any system that can provide people with a decent standard of living, homes, jobs, health care, education and essential freedoms is worthwhile.
By anonymous