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" JUDICATURE IN THE TRICHOTOMY OF POWER JUDICATURE IN THE TRICHOTOMY OF POWER   WITH   A FOCUS ON SUBORDINATE JUDICIARY   By   Mr. Ali Nawaz Chowhan, District & Sessions Judge, Islamabad   The primary idea of this essay is to: have a perspective of the Courts at the subordinate level, to locate the impediments in their proper functioning and to focus on remedial measures with the aim of improving the efficiency.   1.1. The Court in law and politics: ‑‑People often speak of Courts as if they are or at least ought to be "non‑political". In a literal sense, of course, this is impossible. The Courts are an integral part of a government. So, they are political institutions by definition as much as the other two institutions i.e. the legislature and the executive. The concern for avoiding of abuse of power led to the definition of the political power vesting in different bodies of persons pertaining to three branches of government. But the history of liberty as was said by Woodrow Wilson is the history of limitations on the power of the executive. Of course, the Courts provide the limitations and allow the State to run smoothly. In the case of Myers v. U.S. 272 U.S. 52, 71 L. Ed. 160 it was said, "the doctrine of separation of powers was adopted in 1787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was not to avoid friction, but, by means of the inevitable friction incident to the distribution of the government power among these three departments, to save the people from autocracy". In his book The Spirit of Laws Montesquieu remarked, "but constant experience shows us that every man vested with power is apt to abuse it and to carry his authority unless he is…
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