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Art 184

What is sou Moto powers? What are the advantages of sou moto powers?
Judicial Review Power
Orignal Juridiction
“On its own motion”
- question of public importance with reference to the enforcement of any of the Fundamental
Rights
Legislative, executive review
Importance
Speedy justice
Fundamental rights
Safeguards, supermation of constitution
Improves accountability and transparency
Establishes rule of law
Strenghten public trust on judiciary
Constitution review
Portray soft image of Pakistan
Nourishes checks and balance system

Judicial activism
Negative implications
How to be curtailed?
The preparedness to use judiciary to use judicial powers quickly is called Judicial activism
Judje decisions is based on personal opinion
To judicial

Political interest
Economic interest
Decision based personal benefit
Voilates constitution

Disadvantages
Interference in parlimentary system
Constrains executive powers
Distorts judicial system
Reduction in economic growth
Causes political instability
Voilates checks and separation of power
Affects accountability and transparency
Bypass lower courts

How to curtail
Amend constitution
Constitute judicial commission for taking sou moto
Repeal art 184 (3)
Follow indian model of orignal jurisdiction ( a. b/w govt of india and states b. b/w two are more
states)
Mention criteria of public importance

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