Judicial Oversight Misrepresented in The News

Sep 28th, 2010 | By | Category: Jang, The News

The News (Jang Group)In an article for The News yesterday, judicial oversight is severely misrepresented as judicial supremacy. Sabir Shah says that,

Courtesy their power of judicial review, courts in countries like the US, India, Germany, United Kingdom, Canada and Sweden etc literally enjoy unchallengeable supremacy over their respective legislative houses, a research conducted by The News shows.

Mr Shah’s research is incomplete and his conclusion is incorrect. Shah cites the famous Marbury versus Madison case of 1803, but fails to report that this case was decided exactly as it was in order for the Supreme Court to avoid challenging the US Constitution.

In fact, the US Supreme Court found that Mr Marbury had a right to his commission as Justice of the Peace, but that the Supreme Court did not have the right to force the Secretary of State to deliver the commission. The Supreme Court was asked to issue a ‘Writ of Mandamus’ or a command to the Secretary of State to deliver the commission to Mr Marbury, but the Supreme Court found that it did not have the constitutional authority to do so.

The authority given to the Supreme Court by the act establishing the judicial system of the United States to issue writs of mandamus to public officers appears not to be warranted by the Constitution.

The Supreme Court stated specifically that the Constitution is the highest law and that the Supreme Court cannot disobey what is written in the Constitution. So the law that was supposed to give the Supreme Court the ability to issue such commands was struck down.

If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.

Sabir Shah even provides the evidence against his spurious claims. As he reports, Article III of the US Constitution says:

The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.”

In the US, the legislative body of Congress can write in a law a few sentences telling that no court can review a particular law. And what is the result? The courts respect this because it is written in the Constitution that the legislature has the right to do so.

This is simply more of what Americans are calling the“journalistic garbage” that is coming from our media.

This is not the first time that The News has published incorrect information about judicial review and how courts treat their constitutions in other countries. It should be the last.

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  1. Shaheen Sehbai has again started efforts to start Ethnic Clash in Sindh http://www.jang.com.pk/jang/oct2010-daily/02-10-2010/main2.htm

  2. Fakhrudding G Ibrahim VS Rauf Klasra Saturday, October 02, 2010, Shawwal 22, 1431 A.H
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  3. GEO TV’s Tickers & Shaheen Sehbai incite MQM-PPP Clash.
    http://chagataikhan.blogspot.com/2010/01/geo-tvs-tickers-shaheen-sehbai-incite.html

  4. GEO TV/JANG GROUP’s Message of Hate for Pakistan.
    http://chagataikhan.blogspot.com/2009/11/geo-tvjang-groups-message-of-hate-for.html

  5. Shaheen Sehbai, Jang Group & Sindh Card of Zardari
    http://chagataikhan.blogspot.com/2009/11/shaheen-sehbai-jang-group-sindh-card-of.html

  6. Here is the game of Shaheen Sehbai:

    A Geo-inspired French type Revolution:) Here is the background of “Revolution” read “Bangladesh Model”

    Shaheen Sehbai [Group Editor The News International/Jang Group/Geo “now in Exile” in USA] had openly advised General Kayani to intervene and what a Joke another very Senior Journalist i.e. Mehamood Sham [Editor Jang] seconded his demand [I still remember Mehmood Sham’s photos with Benazir and his Father Bhutto, which he has in his Drawing Room in Karachi]: Here are the proofs with dates and their respective “Rant” for Martial Law and guess what Mr. Shaheen Sehbai despite being a senior Journalist had even quoted “a wiretap (transcription of Intelligence Agency phone tapping)” for Martial Law: Shaheen Sehbai [Jang Group] Invites Martial Law in Pakistan ! http://chagataikhan.blogspot.com/2009/11/shaheen-sehbai-jang-group-invites.html

  7. Similarities between Shaheen Sehbai & Asghar Khan Letters.
    http://chagataikhan.blogspot.com/2009/11/similarities-between-shaheen-sehbai.html

  8. Mahmood Sham’s Advice & Shaheen Sehbai’s Anti Pakistan Army Columns & Jang Group. http://chagataikhan.blogspot.com/2009/11/mahmood-sham-shaheen-sehbais-anti.html

  9. Mahmood Sham & Shaheen Sehbai on ISI.
    http://chagataikhan.blogspot.com/2009/11/mahmood-sham-shaheen-sehbai-on-isi.html

  10. A Geo-inspired French type Revolution:) Place de la Bastille
    Voice of America & GEO: GEO TV broadcasts programmes from Voice of America. How much money does it receive, if any, from VOA or other US sources? VOA is owned and controlled by the United States government. Its Board members are appointed directly by the President of the United States. Transparency in Pakistan’s Media, Benazir and the US Friday, December 26th, 2008 at 1:22 am By Yousuf Nazar http://www.yousufnazar.com/?p=788

  11. The Jang Group – how low the standards would fall? Saturday, April 10th, 2010 at 9:56 pm By Yousuf Nazar http://www.yousufnazar.com/?p=939

  12. An Open Letter to all Journalists: Would GEO/Jang Group publish the names? Sunday, February 21st, 2010 at 11:38 am http://www.yousufnazar.com/?p=869

  13. The politics of media barons Monday, February 15th, 2010 at 6:18 am http://www.yousufnazar.com/?p=865

  14. A Geo-inspired French type Revolution:) Joan of Arc [Male Version] is already online:) A report from Asian Human Rights Commission on GEO TV: PAKISTAN: Two persons murdered after an anchor person proposed the widespread lynching of Ahmadi sect followers ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME Urgent Appeal Case: AHRC-UAC-203-2008 http://www.ahrchk.net/ua/mainfile.php/2008/2999/ PAKISTAN: No action taken against Geo TV presenter who incited Muslims to murder members of Pakistan minority on air FOR IMMEDIATE RELEASE AHRC-STM-244-2008 September 18, 2008 A Statement by the Asian Human Rights Commission –

  15. PAKISTAN: No action taken against Geo TV presenter who incited Muslims to murder members of Pakistan minority on air http://www.ahrchk.net/statements/mainfile.php/2008statements/1694/

  16. A Geo-inspired French type Revolution:) Joan of Arc [Male Version] is already online:) Ahmadi massacre silence is dispiriting The virtual conspiracy of silence after the murder of 94 Ahmadis in Pakistan exposes the oppression suffered by the sect Declan Walsh
    guardian.co.uk, Monday 7 June 2010 14.59 BST http://www.guardian.co.uk/commentisfree/belief/2010/jun/07/ahmadi-massacre-silence-pakistan?showallcomments=true#end-of-comments In 2008 a prominent preacher on Geo, the country’s largest channel, suggested that right-minded Muslims should kill Ahmadis. Within 48 hours two Ahmadis had been lynched. The television presenter has prospered. Last year a banner appeared outside the high court in Lahore, declaring “Jews, Christians and Ahmadis are enemies of Islam”. Few complained.

  17. Efforts by Jang Group are afoot to inflame Sindh – Save-the-Sindh Card Safari By Shaheen Sehbai Saturday, October 02, 2010 Shawwal 21, 1431 A.H. http://www.thenews.com.pk/02-10-2010/Top-Story/1028.htm His latest survival safari into Sindh started on Friday when in Badin he not only attacked the now familiar ‘political actors’ but also clubbed with them ‘political orphans’ who, he said, were asking for an end to the feudal system, a direct hint that he was aiming his guns at the MQM, which has been asking ‘patriotic generals’ to play their role through a Martial Law-type action. By attacking political orphans, Zardari has made it clear that his party is now done with the MQM and may soon force it out of the Sindh cabinet. Why this may be necessary is not clear but he may be clear in his mind that MQM could no longer be trusted as it had betrayed the PPP on every critical political juncture — the NRO issue, local bodies issue, patriotic generals issue and many more. Any radical action against the MQM would, Zardari believes, reactivate the core Sindhi constituency of the PPP and thus revive the party’s sinking fortunes. Attacking the MQM would help rural Sindhis forget what the PPP elite had done to them during the floods, or so Zardari would be thinking.

  18. Shaheen Sehbai is Playing with Fire: Kamran Khan lied through his teeth by saying that Dr. Shahid Masood’s words against Sindhi Culture were Unintentional. When something goes ON AIR you [GEO TV] better own it that these were the Real Intentions of GEO TV. GEO TV/JANG GROUP: Lies of Kamran Khan. http://chagataikhan.blogspot.com/2009/12/geo-tvjang-group-lies-of-kamran-khan.html

  19. Dr Shahid Masood, Irfan Siddiqui & allegedly a Senior Correspondent Muhammad Saleh Zaafir [Jang Group/GEO TV] want Ethnic Clash between Communities of Sindh, Dr Shahid Masood and Muhammad Saleh Zaafir [Jang Group] insult Sindhi Community and create more problems in an already disturbed Pakistan. GEO TV/JANG GROUP: Sindhi Cap, National Dress & General Musharraf. http://chagataikhan.blogspot.com/2009/12/geo-tvjang-group-sindhi-cap-national.html

  20. Shaheen Sehbai did the same with Altaf Hussain, Shaheen leaked part of personal conversation with Altaf Hussain to the press wherein Altaf Hussain talked about Khomeini Type Revolution in Pakistan??? – As per Daily The News International/Jang Group of Newspapers Pakistan, Tuesday, March 10, 2009, Mr Altaf Hussain [Founder of Muttahida Qaumi Movement] while in an interview to the News International Editor, Mr Shaheen Sehbai, said Pakistan needs another French or Iranian revolution. He totally agreed when I mentioned Imam Khomeini, the leader of the Iranian revolution. “We do need a Khomeini,” he said. Romanticising Khomeini. http://chagataikhan.blogspot.com/2009/05/romanticising-khomeini.html

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