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Home > Doctrine of Law of Necessity: Political Resecussions of Judicial Decisions A Case Study of Pakistan 1954-2007

Doctrine of Law of Necessity: Political Resecussions of Judicial Decisions A Case Study of Pakistan 1954-2007

Thesis Info

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Author

Mahmood, Zahid

Program

PhD

Institute

University of Karachi

City

Karachi

Province

Sindh

Country

Pakistan

Thesis Completing Year

2016

Thesis Completion Status

Completed

Subject

Political science

Language

English

Link

http://prr.hec.gov.pk/jspui/bitstream/123456789/13279/1/Zahid_Mahmood_Law_Political_Science_2016_Univ_of_Karachi_16.06.2016.pdf

Added

2021-02-17 19:49:13

Modified

2024-03-24 20:25:49

ARI ID

1676724632929

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This study deals with the history of use of „Doctrine of Necessity‟ in Pakistan by the judiciary from 1947 to 2007 to provide legal justifications for the military governments..Pakistan has seen as many as four Martial Laws andit is always feared that the sapling of democracy may be trampled upon any time by the military rulers owing to the bickering of the politicians. The supreme judiciary of Pakistan affixed a seal of legitimization on every unconstitutional step taken by the undemocratic forces in the name of demon Doctrine of Necessity which had political implications for Pakistan. Jinnah‟s vision of establishment of parliamentary democracy in Pakistan, which would have ensured peace, progress and stability in the country, was put aside and military dictatorships were imposed in the country.Consequently, disruption of democracy at times posed a number of challenges to Pakistan like Regional. Ethnic, Economic, Social, Legal and Sectarian etc,The underlying hypothesis of the study is that owing to the Doctrine of Necessity the military regimes got legal justifications and thus damaged the political stability of the country and thereby Pakistan is facing huge challenges like extremism, energy crisis and others. The Bench and Bar facilitated the dictators to achieve their vested interests.Therefore, it is of great importance to explore and investigate the legal history of Pakistan with special reference to the use of „Doctrine of Necessity.‟Much has been written on the political history of Pakistan but few have discussed the legal and constitutional history of Pakistan. Those who have discussed the constitutional history of Pakistan have not given proper attention to the „Doctrine of Necessity‟ which not only provided justification to the illegitimate rulers but gave them free hands to rule authoritatively. This study aims to investigate only this aspect of the legal history of Pakistan. Pakistan has seen as many as four Martial Laws. The first one was clamped by the Field Marshal Muhammad Ayub Khan in 1958 and continued till 1969. It is generally said that Pakistan recorded impressive economic growth and it is also regarded as the era of prosperity. But, there is one segment of critics who also opine that the notion of economic prosperity is merely a bubble which has no permanence in it and it vanishes as the military junta is out of the corridors of powers. It seems true in the case of Ayub khan as he left the office of President of Pakistan, then his edifice fell like a house of cards. He handed over the power to another military dictator General Agha Muhammad Yahya Khan (1969-1971). The world witnessed as how in his presence the country was rent-asunder in two parts. He also gave his own scheme of governing the affairs of country. He gave his legal frame work order as General Ayub khan gave his own Constitution of 1962. The compliant judiciary was ever ready to serve the military masters applying the doctrine of State Necessity as was set by their predecessor chief Judge of the then Federal Court Muhammad Munir. General Zia (1977-1988) took reins of country with a promise to handover the control of country to the elected representatives with in ninety days. But, this didn‟t happen as his control on the civil administration lasted for almost eleven years. He made innovations with the constitution of 1973. Its format was changed from parliamentary to a quasi-parliamentary and quasi presidential. An infamous 8th amendment was inserted which made the President powerful to dissolve the assembly to his whims. General Zia enjoyed the power raising the slogan of Islamisation in country. To save his rule, it was the then Supreme Court of Pakistan which came to succour using the Doctrine of Necessity despite the fact that the same Supreme Court in its earlier case of Mss Asima Jillani had termed the legalisation of Military rule as ultra vires. General Zia used the 8th amendment and sent packing the government of Junejo as he had developed differences with him. The end of Zia era marked the beginning of controlled and guided democracy being run by the new players such as Benazir Bhutto and Mian Nawaz Sharif. However, the political bickering between both the leaders paved way for military to enter into the corridors of politics. In October, 1998, General Pervez Musharraf took over the reins of country. The Supreme Judiciary of Pakistan again helped military to legalise its unconstitutional, illegitimate and illicit rule which lasted till 2008.
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کم نہیں تھا یہ خرابہ کسی ویرانے سے


کم نہیں تھا یہ خرابہ کسی ویرانے سے
’’دل کی دنیا میں بہار آئی ترےؐ آنے سے‘‘

جو رہا صدیوں تلک لات و ہُبل کا مسکن
آپؐ آئے تو بنا قبلہ وہ بت خانے سے

بزمِ عالم میں ہوئی شمعِ ہدایت روشن
مل گیا نورِ خدا اِس کی ضیا پانے سے

ورنہ عصیاں کی تپش ہم کو جلا ہی دیتی
مل گئی چھائوں شفاعت کی گھٹا چھانے سے

یوم میلاد منانے سے جو ناواقف ہیں
ہم کو احباب بھی لگتے ہیں وہ بیگانے سے

ہم کو ہر گام پہ یہ راستہ دکھلاتی ہے
خضرِ رہ مل گیا سنت تری اپنانے سے

آئے عرفانؔ جہاں میں وہ رئوف اور رحیم
جنؐ کو ملتی ہے خوشی غیر کا غم کھانے سے

Analysis of Factors Affecting Nursing Services with Inpatient Satisfaction at Harapan / Pematangsiantar Hospital

Improving quality of nursing services became a major issue in health development both in national and global, because of growing demands on health services organization to give satisfaction with nursing services maximally by providing the best service to facilitate the ease of fulfilling the needs and realize the satisfaction. This study was a quantitative research design survey analytic used cross-sectional approach. It was conducted at Harapan Hospital Pematangsiantar. The population were 280 respondents  and  a sample obtained by 74 respondents. Data analysis of univariate, bivariate using chi - square and multivariate using logistic regression at 95% confidence level (α =.05). The result showed that more respondents who gave a rating of good in the aspect of reliability, followed by the aspect of responsiveness, tangible, assurance, and empathy the influence aspects in this study were reliability        (p=.002), assurance (p=.014), tangible (p=.011), empathy (p=.030), responsiveness (p=.024). The most influential aspects of this study was  the reliability with  Exp(B)/OR=20.667 that aspect of reliability that respondents perceived to have the opportunity 20.667 times to produce patient satisfaction. It is concluded that there was an influence of reliability, assurance, tangible, empathy, responsiveness to patient satisfaction in Harapan Hospital. It is recommended to hospital to further improve the quality of nursing service, to improve the welfare of nurse through provision of appropriate  incentives hope the nurse, provide training, and installing  CCTV in every  room and monitoring of the level of patient satisfaction on a regular basis  through a survey so that can improve the quality of  hospital services as a whole.

Screening of Commonly Used Feed Ingredients for Digestible Amino Acids, Metabolizable Energy and Their Effects on Three Different Broiler Strains

The present study was planned to examine digestible amino acids (DAA) and apparent metabolizable energy corrected for nitrogen (AMEn) of the commonly used indigenous poultry feed resources, and their effects on the performance of Cobb (500), Arbor Acre and Hubbard (Classic). The study comprised of three phases. In the first phase, standardized ileal amino acid digestibility (SIAAD) of 3 samples of each feed ingredient was determined in broilers at the age of 21 days. The test ingredients served as sole source of AAs in their respective diets. The diet based on each sample of each ingredient was fed to 36 birds in 6 replicates, each containing 6 birds. The acid insoluble ash (AIA), at the rate of 2% of the diet, was used as an external marker to determine digestibility. Among cereals, the corn had the highest SIAAD (90.11%) and among cereal by-products, wheat bran exhibited higher SIAAD (76.86%). Among protein meals, soybean had the highest digestibility but it was the lowest in guar meal. In the second phase, the AMEn of 3 sample of each feed ingredient was determined by substitution method in 21 days old broilers using AIA, at 1% of the diet, as an external marker. Among cereals, rice broken had the highest AMEn (3372 kcal/kg). Similar in cereal byproducts, rice polishings supplied the highest AMEn (1936 kcal/kg). The fish meal exhibited highest AMEn (2802 kcal/kg) in protein meals. In the third phase, 3 diets for each strain were formulated using DAA coefficients and AMEn values determined in first two phases to examine the growth performance of three broiler strains. The control diet (C) had standard DAA according to each strain’s requirement. The second diet (HDAA) supplied 10% more DAA and the third diet (LDAA) had 10% less DAA than C. Data were analyzed using Completely Randomized Design (CRD) having levels of DAAs nested within broiler strains. The growth performance of Arbor Acre at 42 days of age was better (P<0.05) followed by Hubbard and Cobb. All 3 strains of broilers fed LDAA diet ate more (P>0.05) feed and gained numerically more (P>0.05). Similarly, improved feed conversion ratio (P>0.05) was noticed in Cobb fed HDAA diet. However, Arbor Acre and Hubbard performed better on C diet. Dressing percentage remained similar among all diets in all strains; but, breast meat percentage improved (P>0.05) when fed HDAA diet in all strains. In conclusion, determining nutrient availability of locally available feed ingredients will not only help maintain national database repository but will also help cost-effective broiler production in the country.