The concept of an independent judiciary, rather than legislative supremacy began with the Massachusetts Constitution, and may be an innovation by John Adams. As some may NOT know, in England, there is no constitution. The law is whatever the Parliament passes.
So, if the English parliament votes to eliminate “the right to avoid self incrimination” – this is legal and binding on the courts.
In the United States, “constitutional supremacy”, in this case the 5th Amendment, mean that our congress and our legislature cannot void that particular provision without first amending the constitution.
That all being said, imagine a state of emergency being declared HERE, and the entire United States Supreme Court locked up for declaring that unconstitutional.
Standing up for the principal of an independent judiciary in Pakistan is standing up for democracy everywhere.
Just my .02.
A fascinating slow-motion drama centered on Benazir Bhutto and Musharraf right now. The degree of her complicity in this whole series of events will be worth a couple of the books at the right time. There’s plenty of suggestion that her house arrest was done with tacit permission (to avoid the threat of assassination at the event, which would have killed Bhutto and set off the country). Her people and his are still talking through back channels…
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On the other hand, she was prevented from visting the former Chief Justice of Pakistan who remains imprisoned under house arrest. He’s becoming a key figure in this rapidly.
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I can’t imagine at this point that an independent judiciary could exist under Musharraf, and day by day questions are growing about Ms. Bhutto as well. (And where the bloody heck is Nawaz Sharif in all this?)
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Meanwhile, that hands-on preznit of ours hasn’t spoken to Musharraf since early last week.
The islamist rebels aren’t just anti-musharraf — they’re anti-modernism, anti-secularism and even though the phrase has been beat to death here stateside, anti-democracy. They tried to kill Bhutto. I wouldn’t hold your breath waiting for Nawaz Sharif, everything I’ve read said he was a horrible leader and very corrupt. Musharraf needs to end emergency rule and go to election pretty quickly though and I’d expect most levels of the US gov’t are telling him that. A dictator cutting deals in Waziristan as a bulwark against other potential dictators in alliance with extremists, well, seems like why bother to support him if he is what we’re trying to avoid.
The Islamists in Waziristan don’t really care about an independent judiciary, and I haven’t seen much of their hand in Islamabad. While I agree that they’re wary of a Prime Minister Bhutto, I don’t think they’re a factor in that struggle yet.
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I really can’t see elections anytime soon, in a meaningful way. Either Musharraf remains PM, or he steps aside for Bhutto without popular involvement. She’s not going to settle for elections at this stage — she clearly wants the prime ministership immediately. An election may confirm things four, five, six months hence.
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I’m not saying I expect great things from Sharif, but I find it curious that he was very prominent during the Bhutto-Musharraf talks last month, and that he has since disappeared. This is an opportunity for him as well, and it’s odd that he’s not taking it.
The declaration of emergency in Pakistan was supposed to shore up President Gen. Pervez Musharraf’s power. Instead, he has emerged weaker than ever. On Sunday, he announced January elections, but the crisis is a long way from over
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Much more at http://www.spiegel.d…
…it appears that the government of GWBush’s second favorite friend in Europe (or maybe third), Angela Merkel, is on the verge of collapse
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More from Spiegel International http://www.spiegel.d…