ISLAMABAD: An Islamabad High Court judge Friday said if the roads were blocked by a protest sit-in or shipping containers, it was the city administration’s responsibility to unblock.
Three-judge bench adjudicates on distinction between judicial review, judicial activism and judicial overreach
PHOTO: AFP/FILE
The Supreme Court has ruled that when judges commit “judicial overreach” they violate their oath, in a judgment that adjudicated on the distinction between judicial review, judicial activism and judicial overreach.
A three-judge bench, led by Justice Manzoor Ahmad Malik and comprising Justice Syed Mansoor Ali Shah and Justice Aminuddin Khan, described the judicial overreach as the courts’ exercise of power outside the Constitution and the law and encroachment on the domain of legislature or the executive.
“Judicial overreach is transgressive as it transforms the judicial role of adjudication and interpretation of law into that of judicial legislation or judicial policy making, thus encroaching upon the other branches of the Government and disregarding the fine line of separation of powers, upon which is pillared the very construct of constitution