| Citation(s) |
|---|
| 2021 SLG 2893 2021 SLD 2893 2021 PLC 1600 |
Lahore High Court
Writ Petition No.53541 of 2021, decided on 8th September, 2021.
Before Tariq Saleem Sheikh, J
Malik Saleem Iqbal Awan for Petitioner. Zafar Hussain Ahmad, Assistant Advocate General on Court's call.
Writ Petition No.53541 of 2021, decided on 8th September, 2021.
Before Tariq Saleem Sheikh, J
Malik Saleem Iqbal Awan for Petitioner. Zafar Hussain Ahmad, Assistant Advocate General on Court's call.
SABIRA KHATOON
VS
GOVERNMENT OF THE PUNJAB and others
Law: Constitution of Pakistan, 1973
Section: 199
(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Judicial review of administrative actions---Doctrine of ripeness---Judicial review was "legal audit" of decisions of public bodies and was power of the Courts to examine actions of the legislative, executive and administrative arms of the government and to determine whether such actions were consistent with the Constitution---Doctrine of ripeness precluded seeking relief of judicial review and requirement of both ripeness and that of exhaustion of administrative remedies were both concerned with timing of judicial review of an administrative action, however said two requirements were separate and distinct --- Ripeness focus was upon the nature of judicial process and upon types of functions that courts should perform ---Exhaustion focus was upon the relatively narrow question whether a party should be required to pursue an administrative remedy before going to court---Ripeness doctrine was founded on principle that judicial machinery should be conserved and reflected concerns that courts should involve themselves only in problems that were real and present or imminent and should not exhaust themselves in deciding theoretical or abstract questions that had no impact on parties at least for the time being. <http://www.Britannica/topic/judicial-review>; Harvard Law Review 68, No.7 (1955): 1122-153. doi: 10.2307/1337691; Gillespie v. City of Indianapolis, 13 F. Supp. 2d 811; Able v. U.S., 88 F.3d 1280; Rice v. Cayetano, 941 F.Supp. 1529; Valeria G. v. Wilson, 12 F.Supp 2d 1007; Nebraska Public Power Dist. v. MidAmerican Energy Co., 286 F.3d 1032; Mohammed S. Wattad, "UFO": When the American Doctrine of Ripeness Visited Israel, 9 Penn. Sr. J.L & Int'l Aff. 1 (2021); Abbott Laboratories et al. v. Gardner, Secretary of Health, Education, and Welfare, et al., 387 U.S. 136 (1967); Toilet Goods Association, Inc. et al. v. Gardner Secretary of Health, Education and Welfare, et al., 387 U.S. 158 (1967); Williamson County Regional Planning Commission et al. v. Hamilton Bank of Johnson City 473 U.S. 172 (1985); Mughal-e-Azam Banquet Complex through Managing Partner v.…
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