Perceptions of the eminent experts over the constitution (twenty-first amendment) act, 2015: an analysis
To eradicate terrorism sternly and speedily, the Parliament of Pakistan amended the constitution and empowered the military courts to try the suspect civilian terrorists. The criticism has been copious, and multiple petitions were filed before the apex court around the country. They contended that t...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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Taylor & Francis Group
2022-12-01
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| Series: | Cogent Social Sciences |
| Subjects: | |
| Online Access: | https://www.tandfonline.com/doi/10.1080/23311886.2022.2087325 |
| _version_ | 1828329133881425920 |
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| author | Muhammad Hassan Ahmed Usman Farah Amir Johan Shamsuddin |
| author_facet | Muhammad Hassan Ahmed Usman Farah Amir Johan Shamsuddin |
| author_sort | Muhammad Hassan |
| collection | DOAJ |
| description | To eradicate terrorism sternly and speedily, the Parliament of Pakistan amended the constitution and empowered the military courts to try the suspect civilian terrorists. The criticism has been copious, and multiple petitions were filed before the apex court around the country. They contended that the Parliament amended the salient features of the constitution beyond its amending powers and is liable to be struck down. Further, expanding the jurisdiction of the military courts over the alleged civilian terrorists is a contravention of their fundamental rights and the principle of judicial independence. The Supreme Court has ruled that it had no jurisdiction to examine the constitutional amendment and strike it down. Further, the Parliament was competent to expand the jurisdiction of military courts over civilians terrorists to secure the country’s safety and integrity. Hence, it is not a violation of the fundamental rights of the civilian suspect terrorists, and it is consistent with the prescribed criminal justice system. This study examines the judicial verdict rendered by the apex court of Pakistan in favour of the twenty-first constitutional amendment with the support of the eminent experts’ views taken by way of conducting face-to-face interviews. |
| first_indexed | 2024-04-13T20:19:08Z |
| format | Article |
| id | doaj.art-79adae99d0194e3c9a1909c5787e5fb1 |
| institution | Directory Open Access Journal |
| issn | 2331-1886 |
| language | English |
| last_indexed | 2024-04-13T20:19:08Z |
| publishDate | 2022-12-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | Cogent Social Sciences |
| spelling | doaj.art-79adae99d0194e3c9a1909c5787e5fb12022-12-22T02:31:35ZengTaylor & Francis GroupCogent Social Sciences2331-18862022-12-018110.1080/23311886.2022.2087325Perceptions of the eminent experts over the constitution (twenty-first amendment) act, 2015: an analysisMuhammad Hassan0Ahmed Usman1Farah Amir2Johan Shamsuddin3Department of Law, The Islamia University of Bahawalpur, PakistanLL.M Scholar, Department of Law The Islamia University Bahawalpur, PakistanDepartment of Law,The Islamia University of Bahawalpur, PakistanFaculty of Law, University of Malaya, Kuala Lumpur, MalaysiaTo eradicate terrorism sternly and speedily, the Parliament of Pakistan amended the constitution and empowered the military courts to try the suspect civilian terrorists. The criticism has been copious, and multiple petitions were filed before the apex court around the country. They contended that the Parliament amended the salient features of the constitution beyond its amending powers and is liable to be struck down. Further, expanding the jurisdiction of the military courts over the alleged civilian terrorists is a contravention of their fundamental rights and the principle of judicial independence. The Supreme Court has ruled that it had no jurisdiction to examine the constitutional amendment and strike it down. Further, the Parliament was competent to expand the jurisdiction of military courts over civilians terrorists to secure the country’s safety and integrity. Hence, it is not a violation of the fundamental rights of the civilian suspect terrorists, and it is consistent with the prescribed criminal justice system. This study examines the judicial verdict rendered by the apex court of Pakistan in favour of the twenty-first constitutional amendment with the support of the eminent experts’ views taken by way of conducting face-to-face interviews.https://www.tandfonline.com/doi/10.1080/23311886.2022.2087325constitutionfundamental rightsmilitary courtsterrorismamendment |
| spellingShingle | Muhammad Hassan Ahmed Usman Farah Amir Johan Shamsuddin Perceptions of the eminent experts over the constitution (twenty-first amendment) act, 2015: an analysis Cogent Social Sciences constitution fundamental rights military courts terrorism amendment |
| title | Perceptions of the eminent experts over the constitution (twenty-first amendment) act, 2015: an analysis |
| title_full | Perceptions of the eminent experts over the constitution (twenty-first amendment) act, 2015: an analysis |
| title_fullStr | Perceptions of the eminent experts over the constitution (twenty-first amendment) act, 2015: an analysis |
| title_full_unstemmed | Perceptions of the eminent experts over the constitution (twenty-first amendment) act, 2015: an analysis |
| title_short | Perceptions of the eminent experts over the constitution (twenty-first amendment) act, 2015: an analysis |
| title_sort | perceptions of the eminent experts over the constitution twenty first amendment act 2015 an analysis |
| topic | constitution fundamental rights military courts terrorism amendment |
| url | https://www.tandfonline.com/doi/10.1080/23311886.2022.2087325 |
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