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Last Topic - Separation of Powers Meaning Overview Need of Separation of Powers.

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Presentation on theme: "Last Topic - Separation of Powers Meaning Overview Need of Separation of Powers."— Presentation transcript:

1 Last Topic - Separation of Powers Meaning Overview Need of Separation of Powers

2 The Sovereignty Meaning Kinds Parliamentary Sovereignty vs Judicial Independence

3 Meaning of Sovereignty Sovereignty is the quality of having independent authority over a geographic area, such as a territory

4 Kinds of Sovereignty Absoluteness Exclusivity De jure and de facto Sovereignty and independence Internal Modern internal sovereignty External Shared Nation-states Federations

5 Kinds of ……. Absoluteness An important factor of sovereignty is its degree of absoluteness. A sovereign power has absolute sovereignty when it is not restricted by a constitution, by the laws of its predecessors, or by custom, and no areas of law or policy are reserved as being outside its control

6 Kinds of ……. Exclusivity A key element of sovereignty in a legalistic sense is that of exclusivity of jurisdiction. Specifically, the degree to which decisions made by a sovereign entity might be contradicted by another authority

7 Kinds of ……. De jure and de facto De jure, or legal, sovereignty concerns the expressed and institutionally recognized right to exercise control over a territory De facto, or actual, sovereignty is concerned with whether control in fact exists

8 Kinds of ……. Sovereignty and independence State sovereignty is sometimes viewed synonymously with independence, however, sovereignty can be transferred as a legal right whereas independence cannot

9 Kinds of ……. Internal Internal sovereignty is the relationship between a sovereign power and its own subjects. A central concern is legitimacy: by what right does a government exercise authority. Claims of legitimacy might refer to the divine right of kings or to a social contract

10 Kinds of ……. Modern internal sovereignty Within the modern governmental system you usually find internal sovereignty in states that have public sovereignty and rarely find it within a state controlled by an internal sovereign. A form of government that is a little different from both is the UK parliament system

11 Kinds of ……. External External sovereignty concerns the relationship between a sovereign power and other states. For example, the United Kingdom uses the following criterion when deciding under what conditions other states recognize a political entity as having sovereignty over some territory

12 Kinds of ……. Shared Just as the office of head of state can be vested jointly in several persons within a state, the sovereign jurisdiction over a single political territory can be shared jointly by two or more consenting powers, notably in the form of a condominium

13 Kinds of ……. Nation-states A community of people who claim the right of self-determination based on a common ethnicity, history and culture might seek to establish sovereignty over a region, thus creating a nation-state. Such nations are sometimes recognized as autonomous areas rather than as fully sovereign, independent states

14 Kinds of ……. Federations In a federal system of government, sovereignty also refers to powers which a constituent state or republic possesses independently of the national government. In a confederation constituent entities retain the right to withdraw from the national body, but in a federation member states or republics do not hold that right

15 Sovereignty Legislature Judiciary Executive

16 Sovereignty of Legislature Parliamentary Sovereignty Sovereignty of Parliament in Pakistan

17 Sovereignty of Legislature …. Parliamentary Sovereignty Parliamentary sovereignty is popularly understood as sovereignty of the people

18 Sovereignty of Legislature …. Sovereignty of Parliament in Pakistan The preambles of all regular constitutions of Pakistan (1956, 1962 and 1973) assign sovereignty all over the universe to God Almighty. The people exercise this authority as a sacred trust within the limits prescribed by Him. This exercise of power and authority is to be done through the chosen

19 Sovereignty of Legislature …. Since independence of Pakistan transfer of power under sovereign transaction from ruling class to general population took place, after laps of times

20 Sovereignty of Legislature …. After years of countless efforts & change of mindset the Sovereignty of Parliament has established in Pakistan

21 Sovereignty of Judiciary Judiciary Sovereignty Sovereignty of Judiciary in Pakistan

22 Sovereignty of Judiciary …… Judicial Sovereignty Judicial sovereignty is a judico- political reality, which will be difficult to reverse but judicial sovereignty with accountability is a constitutional survival

23 Sovereignty of Judiciary …… Reasons for the rise of judicial sovereignty: 1. It based on constitutional & also on popular legitimacy 2. In Pakistan political and military opponents are busy fighting among themselves 3. The lack of systemic political resistance to judicial independence and judicial activism 4. Judges give major political decisions against the ruling political elite because they know that the Constitution is on its way out

24 Sovereignty of Judiciary …… Consequences of judicial sovereignty Judges exercise tremendous power over the destiny of Pakistani citizens. Such judicial power is three-pronged. Firstly, the constitution controls our destiny and the judges control the constitution because they are the ultimate interpreters of the constitution.

25 Sovereignty of Judiciary …… Secondly, judges are the final decision- makers in disputes. Thirdly, this present judiciary has initiated a process of judicialisation of state and societal issues meaning that the constitution and law are being promoted as a supreme moral value and as a solution for all problems affecting Pakistan.

26 Sovereignty of Executive Executive Sovereignty Sovereignty of Executive in Pakistan

27 Sovereignty of Executive ….. The concept of sovereignty is the core attribute of the modern state. It has an “inside” face—the relation of the state to its citizens — and an “outside” face — the relation of states to other states

28 Sovereignty of Executive ….. In today’s politics, where concerns about national security dominate public policy debate, the concept of sovereignty is once more under reassessment

29 Sovereignty of Executive ….. Executive Sovereignty in Pakistan The executives of Pakistan are facing ultimate challenges regarding its Sovereignty Legitimacy of drone strikes TTP Economy Utilities inflation abc ……

30 Sovereignty of Executive ….. Solutions Stay tune with political system Faith in wisdom of People of Pakistan

31 Next Topic - The Ombudsman Wifaqi Mohtasib


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