8/3/2019 Outlines of Course

1/3

CONSTITUTIONAL LAW- II (Course Outline)

M. SIRAJ KHAN

Part 1. SHORT INTRODUCTION TO THE BASICS

Society, Law, State and Government Law & Constitution Definition, Nature and Scope of Constitutional Law

FORMS OF CONSTITUTION Written and Unwritten

Unitary and Federal Systems Quasi-Federal System Rigid and Flexible Constitution Executive, Legislature and Constitution Principles of Construction of Constitution (Justice Monirs Book) Individual, State and Constitution

BRIEF REFERENCE TO

Platos Utopia

Totalitarianism and Dictatorship Monarchy and Republic Fascism and Nazism Socialism and Communism Utilitarianism Democracy and Capitalism Welfare State Rule of Law and Due Process of Law Separation of Powers, Checks and Balances Judicial Review

HOME WORK ASSIGNMENT: Topic shall be given at appropriate time.

8/3/2019 Outlines of Course

2/3

Part 2

CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973

The Background, Nature and Sources of the 1973 Constitution Salient Features keeping in view the18 and 19th Amendments The Preamble: Its Background and Legal position

THE CITIZENS AND CONSTITUTION OF 1973 Article 4 and Its Importance The meaning of term State Under Article 7 Fundamental Rights, their Nature and extent of exercise Principles of policy, their Nature and How they differ from the Fundamental Rights

THE LEGISLATURE (Majlis-e Shoora/ Parliament) Nature, Qualification for Membership, Powers and Function How our Laws are Made? This includes Money and Non-Money Bills, Ordinary and Special

Legislation, The Constitution Amendment Bill

Nature, Qualification, Election, Powers and Functions of the Presidents Office Position of the Presidents office before and After the 18th Amendment Bill Provincial Legislatures, their Powers and Functions

THE EXECUTIVE Who is the Executive? A historical perspective and Position after the 18th Amendment Prime Minister and His Cabinet: Qualification, Election, Powers and Functions Relationship between Legislature and Executive in Pakistan

FEDERALISM IN PAKISTAN Federation and Provinces, Their Relationship FATA, PATA AND FANA Provincial Autonomy: Its Meaning and Position before the 18th Amendment

HOMEWORK ASSIGNMENT:Topic shall be given at appropriate timeSTATE AND RELIGION

Religion and State Definition of Muslim Under the Constitution Objectives Resolution and Islamic Provisions in the Constitution The Islamic Ideology Council, Its Form, Nature and Functions

8/3/2019 Outlines of Course

3/3

THE JUDICIARY The Nature and Structure of Judiciary in Pakistan The Supreme Court of Pakistan: Qualification, Appointments, Removal, Jurisdiction,

Powers and Functions

The High Courts: Qualification, Appointments, Removal, Jurisdiction, Powers andFunctions under the Constitution

The Federal Shariah Court: Qualification, Appointments, Jurisdiction, Removal, Powersand Function

Judicial Review The Suo-Moto Jurisdiction: Its Nature, History and Legal position The Contempt of Court

HOMEWORK ASSIGNMENT:Topicshall be given at appropriate time

Emergency Powers under the Constitution The Council of Common Interests and NFC Award Services and Civil Servants Under the Constitution The Election Commission of Pakistan

-------------------------------------------------------------------------------------------------------------

PART 3

CONSTITUTIONAL HISTORY AND LEADING CASES

British Indian Act 1935, Indian Independence Act 1947 and the 1 st Constituent Assembly. Constitutional Development since 1947 to 1956. Constituent Assembly as General Legislature, Second Constituent Assembly Salient Features of 1956 Constitution and Causes of its Failure Salient Features of 1962 Constitution and Causes of its Failure

SELECTEDLEADING CASES IN THE CONSTITUTIONAL HISTORY OF PAKISTAN

1. Molvi Tamizuddin Case (PLD__ ) 2. Yousef Patel Case (PLD__) 3. Reference by theGovernor Genereal (PLD___) 4. Dossos Case (PLD___) 5. Asma Jailani Case (PLD___)

6. Ziaur Rehman Case (PLD__) 7. Malik Asad Case (PLD___) 8. Nusrat Bhutto Case

(PLD__) 9. Benazir Bhutto Case (PLD_) 10. Mehmood Khan Achakzai Case (PLD__)

11. Ghulam Mustafa Case (PLD__) 12. Nawaz Sharif Cases (PLD__) 13. Al-Jihad Trust

Case? (PLD__) 14. Syed Zafar Ali Shah Case (PLD__) 15. Chief Justice Case (PLD__)

Emergency of November 03 and SC Decision (PLD__) The NRO Case (PLD__) 18th

Amendment Case (PLD__).

------------------------------------------------------------------------------------------------