12/10/2014

Headline Dec 11, 2014/


''' LAW : IN THE AGE OF REASON '''




But John Peysner of the University of Lincoln sees   ''no evidence at all''  to justify such concerns.

Steven Garber,  an economist at  RAND,  a think-tank, says the economics of filing  low-merit  cases make little sense.

The best business is in unlocking good cases that otherwise might not be filed, rather than in funding a slew of uncertain ones in the hope that some are settled for their   ''nuisance value'',  or that few big wins pays for the rest.

For now, demands for outside funding outstrips supply. The global litigation finance industry is probably worth more than  $ 1 billion today.

But only small part of all litigation is funded by outsiders. That proportion looks likely to grow.

All this is a victory for legislature in Pakistan. And remember that legislatures are not about making laws.

As Noah Fieldman says, if you think that legislatures exist to make laws that is patently not true   -that is their secondary function.

Legislatures exist primarily to balance power in a society.

And in a state characterised by a  civil-military imbalance the  FTA  2013, despite its   ''Draconian Powers''   addresses the balance of power by subjecting intelligence agencies in the involvement of politicians and judges.

However,  the law does leave a lot to be desired. It invades in a way like never before,  upon privacy   -a right guaranteed by Article  14,  but guaranteed 'subject to law' 

Remember, however, that Article 14 links privacy with the dignity of man  -a point already accepted by  the Honourable Supreme Court in the  Benazir Bhutto Case (PLD 1998 SC 388)  

The right may not be absolute but how will a High Court or  the Supreme Court rule if you challenge the process for issuance of secret warrants?

***Warrants that hit at the very authority, liberty and privacy of citizens***.

ARE WE LIVING in the age of the death of privacy? 

States all over the world are engaged in mass surveillance as well as warrantless wire tapping.

Is privacy the   First   human right to die in the post World War II world?  Will we watch silently as our freedoms are compromised in the name of security? 

Whether you are an originalist when it comes to constitutional interpretation or-

Believe in constitution as a  ''living or breathing''  document, it cannot be allowed to become impotent when national security is involved.

These are the fascinating and enduring questions that this country's citizenry, politicians, intelligence agencies and judiciary must grapple with.-   

And the time for sure is,..........Now.

With respectful dedication to the Students, Professors and Teachers of the world- See Ya all on !WOW!   -the World Students Society Computers-Internet-Wireless:


''' The Answers '''

'''Good Night and God Bless

SAM Daily Times - the Voice of the Voiceless

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