Jurisdiction of Supreme Court of Pakistan Under Constitution 1973

 

                                             Legal System of Pakistan

The legal system influences upon the state laws can’t be neglected at any cost. There are so many legal & non-legal sources of legal system describe by various authorities of jurists may be adopted and deemed as integral part of the law.

Meaning of legal system:

 “Any system which is based upon the rules and regulations of law then it may be called as a legal system“

Scope of legal system:

The scope of legal system has been divided into many parts some of these areas under:

·         Origin of legal concept
·         Legal system of government

Roman law:

The Roman law influences upon the state laws can’t be neglected at any stage. There are so many sources of the Roman law which is describe Immigration Lawyer in Pakistan by various authorities in different past stages. The concept of and theories of jurists may be adopted and deemed as integral part of the law.

Definition of Roman law: 

“It means those rules which are as so ancient according to universal system is called Roman law”

History of Roman law:

The history of Roman law is connected with the legal ideas and thoughts which shall be applicable and considered as a unique as well as oldest system in world European law is also based on the Roman law.

Civil law

  The development and organs of the civil law was basically connected with the 19^th century. The main object behind the civil law is just to create and establish a unique law which shall be applicable on a specific society.

Meaning of civil law:

“It means particular law, domestic law, specific law, Natural law, Municipal law of the land”

History of civil law:

The history of civil law has been divided into 2parts

• History of 19^th century      (Australian)
•  History of 20^th century      (England Features)

Scope of civil law:

The scope of the civil law is wider according to the principles of equity rules. The features of the civil law are followed within the jurisdiction of the society in a state.

Origin of civil law:

·         English concept
·         American concept
·         Roman concept
·         Judicial concept
·         Trial concept

Judges of a state:

It means a system by which administration of Justice is maintained. The appointment of judges may be done with the permission of the head of state Intellectual Property Law because it is the settled principal of law. Judges must have knowledge of law.

Definition:

“It means a system by which administration of justice is maintained is called judiciary”   

Object of judiciary:

The main object behind the judiciary is maintenance of peace, maintenance of justice, Imposition of penalties, enforcement of order in a state.

Qualification of judges: 

·         Person must be citizen of concerned state
·         Person must be complete minimum qualification according to the law
·         Person must not have any office of all profit

Disqualification of judges:

·         Insane person
·         A person who is not citizen of concerned state
·         Bank corrupt person
·         A person who is disqualified by law 

How can appoint the judges:

The appointment of judges may be done with the permission of the head of state because it is the settled principal of law. Judges must have knowledge of law.

Removal of judges:

In case of poor performance or involve any corruption or if judge issue order against the law than in all the situation the judges may be removed from their post.

Retirement age of judges:  

Once the judges is appointed by the complete authority of the state than such person may continue his service till the age of 25 years with the approval of state laws

Types of judges:

·         Lord high chancellor

·         Lord chief chancellor

·         Master of the roles

·         Lord justice of appeal

·         Prescribe judge

·         Civil judge

Supreme Court, Federal court, higher court:

There are so many function and process of Supreme, federal, higher courts. The courts which are so definite in the constitution. The validity of judiciary Divorce & Lawyer In Pakistan of the supreme, federal & higher courts shall be determine with the different provisions of constitution. The courts has ultimate powers to enforce its order with the area.

Meaning of supreme and federal courts:

It means a system by which any dispute between the parties may be resolved throughout the country.

Meaning of higher court:

It means a system by which any dispute between the parties may be resolved throughout the province.

AD Hoc judges:

It means a judge appointed temporary appointed by the competent authorities the ad hoc judges shall be removed after completion of works or the contract.

·         Power of writs
·         Power to make rules and regulation
·         Enforcement of decisions
·         Power to review
·         Power to appeal
·         Power to transfer case
·         Supervisory function
·         Power to compact judgment rights
·         Power to issue judicial commission