Fundamental Rights (Al-Nisa: 93, Magna Carta 1215, PLD 1988 SC 388 Benazir Bhutto v. President of Pakistan) approach of the Courts to Interpret the comeuppance. Fundamental rights are a generally regarded set of legal protections in the context of a legal system, wherein such system is itself based upon this same set of basic, fundamental, or inalienable rights. Such rights thus belong without presumption or cost of privilegeto all human beings under such jurisdiction. The concept of human rights has been promoted as a legal concept in large part owing to the idea that human beings have such fundamental rights, such that transcend all jurisdiction, but are typically reinforced in different ways and with different emphasis within different legal systems. Whoever kills a believer deliberately, his reward is Jahannam (Hell) where he shall remain forever, and Allah shall be angry with him and shall cast curse upon him, and He has prepared for him a mighty punishment. (Al-Nisa:93) Magna Carta (Latin for Great Charter), also called Magna Carta Libertatum or The Great Charter of the Liberties of England, is anAngevin charter originally issued in Latin in the year 1215. Magna Carta was the first document forced onto a King of England by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their rights. The charter was an important part of the protracted historical process that led to the rule of constitutional law in the English speaking world. Magna Carta was important in the colonization of America as Englands legal system was used as a model for many of the colonies as they were developing their own legal systems. The 1215 charter required King John of England to proclaim certain liberties and accept that his will was not arbitrary for example by explicitly accepting that no freeman (in the sense of non-serf) could be punished except through the law of the land, a right that still exists. It was preceded and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular areas wherein his powers would be limited. In the case of Benazir Bhutto v. President of Pakistan PLD 1998 SC 388 it has been observed, that while interpreting fundamental rights, the approach of the Court should be dynamic progressive and liberal keeping in view the ideas of the people, socio-economic and politico culture values which in Pakistan are enshrined in the Objective Resolution so as to extend benefit of the same to the maximum possible. It has further been observed that he Constitution is to be interpreted in a liberal and beneficial manner which may engulf and incorporate the spirit behind the Constitution and also the fundamental rights guaranteed by the Constitution.
Posted on: Tue, 26 Nov 2013 07:27:24 +0000
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