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" DO THE JUDGES MAKE LAW DO THE JUDGES MAKE LAW? By Muhammad Usman Ramzan, Advocate High Court, Lahore There is no denying the fact in the veracity of the statement that "judges play a significant role in development of law". Although, the power "to make law", "to amend the law" and "to repeal the law" are purely legislative in nature, yet the courts make law through the interpretation of law and also amend and repeal law by judicially reviewing the legislative actions. The Articles 189,201 and 203GG of the Constitution of Islamic Republic of Pakistan 1973, recognize the existing reality of life namely "judges make and change the law". According to Article 189,"Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Pakistan". Similarly, according to Article 201 of the Constitution, Subject to Article 189, any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all courts subordinate to it. And by Article 203-GG, subject to Articles 203-D and 203-F , any decision of the Federal Shariat Court in the exercise of its jurisdiction under Chapter 3A of Part 7 shall be binding upon a High Court and on all courts subordinate to a High Court. Apart from the aforesaid provisions of the Constitution, the constitutionality of any law can also be challenged in Supreme Court under Article 184, in High Court under Article 199 and in Federal Shariat Court under Article 203-D of the constitution and these courts have the constitutional power of judicial review of legislative actions. On one hand, the Supreme Court and…
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