AUz
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In America, courts often go beyond just written 'qanoon' and take up the case on its own merit.
The very recent example of Trump travel ban can be seen. In U.S, a President has complete authority to ban immigrants from whatever country he chooses--and he does not have to explain "why" he is choosing a particular country (since the understanding is that President has access to intelligence briefings that no other senator or judge can have access to, and hence President knows what imminent threat to the nation unlike others in judicial or congressional/parliamentary branch).
So when Trump was taken to the courts---Government's lawyers argued the very same point and said that court doesn't have jurisdiction to hear this case as a qanoon clearly says (which is correct, mind you). But you know what? The judges threw this line of argument in the garbage and insisted that court does have the right to look at the intention of the President, and if his intention is to ban a particular religious group (Muslims)--then he can not do so under the constitution.
And 9th Circuit Court gave 3-0 ruling against Trump (3-0 is important because even the pro-Bush/pro-Republican judge on the panel thrashed Trump---even when Trump was indeed "following the law").
That's what justice looks like. That's why we have confidence in America. That's why nobody feels unsafe here. Because powerful are always in checked, even if they are acting within the "qanoon" of the nation.
Hopefully Allah humaray judges ko b aisa krnay ki toufeeq ata karay and "qanoon ki mutabik" wala bahana bana k nainsaafi na ki jaye.
@Farah Sohail @Horus @Zarvan @biloo700
The very recent example of Trump travel ban can be seen. In U.S, a President has complete authority to ban immigrants from whatever country he chooses--and he does not have to explain "why" he is choosing a particular country (since the understanding is that President has access to intelligence briefings that no other senator or judge can have access to, and hence President knows what imminent threat to the nation unlike others in judicial or congressional/parliamentary branch).
So when Trump was taken to the courts---Government's lawyers argued the very same point and said that court doesn't have jurisdiction to hear this case as a qanoon clearly says (which is correct, mind you). But you know what? The judges threw this line of argument in the garbage and insisted that court does have the right to look at the intention of the President, and if his intention is to ban a particular religious group (Muslims)--then he can not do so under the constitution.
And 9th Circuit Court gave 3-0 ruling against Trump (3-0 is important because even the pro-Bush/pro-Republican judge on the panel thrashed Trump---even when Trump was indeed "following the law").
That's what justice looks like. That's why we have confidence in America. That's why nobody feels unsafe here. Because powerful are always in checked, even if they are acting within the "qanoon" of the nation.
Hopefully Allah humaray judges ko b aisa krnay ki toufeeq ata karay and "qanoon ki mutabik" wala bahana bana k nainsaafi na ki jaye.
@Farah Sohail @Horus @Zarvan @biloo700
