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No Death Squads, No Torture, No Milton Friedman, No "Shock and Awe" Bombing; just Mild-Mannered Liberals from the World Bank and Harvard driving hundreds of thousands of poor people around the world to starvation and suicide. Read P. Sainath's searing special report. Get your copy today by subscribing online or calling 1-800-840-3683 Remember contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now
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October 15, 2007 Gary
Leupp Andy
Worthington
Alexander
Cockburn Wajahat
Ali Jeffrey
St. Clair Ralph
Nader David Heleniak Laura Carlsen Brian Cloughley Richard Rhames Ron Jacobs Fred Gardner John Ross Russell Hoffman Missy Beattie Poets' Basement Website of the Day
Cindy
Sheehan Brendan
Cooney Alan
Farago Jan
Oberg M.
Shahid Alam David
Macaray Julia
Kendlbacher Peter
Rost, MD Website
of the Day
Al
Giordano Saul
Landau Jacob
G. Hornberger William
S. Lind Joshua
Frank Josh
Mahan Pat
Williams
October 10, 2007 Michael
Yates Gary
Leupp David
Macaray Alan
Farago Tom
Clifford Col.
Douglas MacGregor Sunsara
Taylor George
Wuerthner Roxanne
Dunbar-Ortiz Michael
Dickinson Website
of the Day
October 9, 2007 Paul
Craig Roberts Andy
Worthington Alan
Farago Brian
Eno David
Rovics Farzana
Versey Andrew
Buncombe Website
of the Day
October 8, 2007 David
Macaray Jeff
Ballinger Brian
Eno Christopher
Brauchli Louay
Safi Matt
Reichel Dave
Lindorff Thomas
P. Healy Martha
Rosenberg Richard
Rhames Website
of the Day
October 6 / 7, 2007 Alexander
Cockburn Norman
Finkelstein James
Bovard Patrick
Cockburn Jeffrey
St. Clair Ralph
Nader Ray
McGovern Saul
Landau Ben
Tripp Terry
Lodge Seth
Sandronsky Kevin
Funk / Steve Fake Missy
Beattie Website
of the Weekend
October 5, 2007 Andy
Worthington David
Macaray Lee
Sustar Dan
La Botz Aaron
Hess William
A. Cook Website
of the Day
October 4, 2007 Uri
Avnery Dave
Marsh Valerio
Volpi Cecilie
Surasky Dave
Lindorff Norman
Solomon Laura
Carlsen Walter
Brasch Ben
Terrall William
S. Lind Website
of the Day
October 3, 2007 Vijay
Prashad Anita
Sinha Winslow
T. Wheeler Sharon
Smith Jeff
Leys Sen.
Russ Feingold Mohamad
Bazzi Brenda
Norrell Robert
Weissman Website
of the Day
October 2, 2007 Ibrahim
Warde Gary
Leupp David
Macaray Conn
Hallinan John
Ross Alan
Farago Sonja
Karkar Niranjan
Ramakrishnan Website
of the Day
October 1, 2007 Al
Giordano Paul
Craig Roberts Moshe Adler Ingmar Lee John V. Walsh Norman Solomon Roger Burbach Ramzy Baroud Stephen Lendman Susie Day Website of the Day
September 29 / 30, 2007 Alexander
Cockburn Uri
Avnery Andrew
Cockburn Jeffrey
St. Clair Wajahat
Ali Andy
Worthington Don
Santina Ralph
Nader Fred
Gardner Seth
Sandronsky Gideon
Levy William
S. Lind Reza
Fiyouzat Richard
Rhames David
Michael Green Zach
Mason Poets'
Basement Website
of the Weekend
September 28, 2007 Kathleen
and Bill Christison Roberto
J. González / Saul
Landau Tom
Clifford Christopher
Brauchli Martha
Rosenberg Dave
Zirin Laray
Polk Binoy
Kampmark James
McEnteer Website
of the Day
September 27, 2007 Alan
Farago Andy
Worthington Jonathan
Cook William
Hughes Ray
McGovern Ron
Jacobs Dave
Lindorff Joshua
Frank Anne
Dachel Website
of the Day
Bill
Quigley Paul
Craig Roberts Jeff
Kisseloff China
Hand Behzad
Yaghmaian Sonja
Karkar Mike
Ferner Col.
Dan Smith Clifton
Ross Brenda
Norrell Website
of the Day
September 25, 2007 Nicole
Colson Uri
Avnery Brendan
Cooney Harry
Browne Marjorie
Cohn David
Macaray Ralph
Nader Dan
Bacher Anthony
Papa Christopher
Ketcham Website
of the Day
September 24, 2007 George
Ciccariello-Maher Saree Makdisi David
Keen Sherwood
Ross Ron
Jacobs Donna
Saggia Mike
Ferner Malini
Johar Schueller Monique
Dols Website
of the Day
Alexander
Cockburn Jennifer
Loewenstein Linn
Washington, Jr. Jeffrey
St. Clair Alan
Farago Brian
Cloughley Robert
Fantina Roxanne
Dunbar-Ortiz Jason
Hribal David
Rosen Mike
Whitney John
V. Walsh Dave
Lindorff David
Michael Green Fred
Gardner Cassandra
Jones Roger
van Zwanenberg Poets'
Basement Website
of the Weekend
September 21, 2007 Karim
Makdisi M.
Shahid Alam Alan
Farago Joshua
Frank Dave
Zirin Kenneth
Couesbouc Dr.
Steffie Woolhandler and Dr. David Himmelstein Ben
Terrall Steve
Fournier Frederico
Fuentes, et al Website
of the Day
September 20, 2007 Kathleen
Christison Zoltan
Grossman Paul
Craig Roberts Stan
Cox Russell
Mokhiber Charles
Modiano Raymond
J. Lawrence Brendan
Cooney Website
of the Day
September 19, 2007 Paul
Craig Roberts Paul
Krassner Sgt.
Martin Smith Seth
Sandronsky Claud
Cockburn Victoria
Buch Robert
Weissman Mike
Ferner Dan
Bacher Website
of the Day
September 18, 2007 Mike
Whitney Alan
Farago John
Ross Ron
Jacobs Alex
Doherty September 17, 2007 Marjorie
Cohn Paul
Craig Roberts Ricardo
Alarcón Marc
Levy Eva
Liddell Website
of the Day Sept. 15-16, 2007 Alexander
Cockburn Vicente
Navarro Mike
Whitney Herman
Mindshaftgap Ellen
Cantarow Jordan
Flaherty Zachary
Hurwitz September 14, 2007 Debbie
Nathan Franklin
Lamb Patrick
Cockburn Farzana
Versey Alan
Farago Hank
Edson September 13, 2007 Patrick
Cockburn Scott
Vest, former Air Force Captain at Minot Andy
Worthington Michael
Baney Dr.
Susan Block September 12, 2007 Paul
Craig Roberts Stan
Goff William
Blum Manuel
Garcia Debbie
Nathan
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October 15, 2007 Rights Vs. PoliticsPakistan's Constitutional MessBy LIAQUAT ALI KHAN The Pakistan Supreme Court has successfully created a constitutional mess that may do more harm than good. Its judicial activism and bravery in defying President Pervez Musharraf's efforts to humiliate the judiciary and in reinstating the suspended Chief Justice was appreciated in legal circles throughout the world. Its exercise of suo moto jurisdiction to protect fundamental constitutional rights has also been a beacon of light for lawyers in Pakistan and other Muslim countries where state officials commit gross violations of rights with little accountability. Despite these adorable successes, the Supreme Court has begun to venture into political minefields, raising serious questions about the long term sustainability of its judicial activism. Rights Versus Politics The Supreme Court's judicial activism is overdone when it interferes with politics. Of course, rights cannot be separated from politics. And the violations of rights, which the Court must monitor, are related to political forces that determine governmental policies. Yet a responsible judiciary must constantly distinguish between the calculus of rights and the dynamics of politics. The Supreme Court rests on firm ground when it intervenes into public matters to preserve constitutional rights. It treads shaky ground, however, when the Court wishes to engineer political forces for the good of the country or for the greater protection of constitutional order. Engineering political forces through active judicial intervention is, and ought to be, beyond the scope of judicial authority. Take the October 6 Presidential election. The Supreme Court may exercise its authority to hold whether a candidate holding two public offices, one civilian and the other military, may contest Presidential election. This is no judicial activism. The Court may also rule whether the Presidential election for a five-year term ought to be held before or after general elections of the Electoral College. This is not mere politics. However, the Court's decision to split the baby between competing political forces has been most prejudicial to the nation's stability. The Court prohibits the Election Commission from announcing the result of an otherwise validly-held Presidential election. This sort of judicial engineering that throws the future into uncertainty is anything but the protection of rights. It invites forces of disobedience. According to the Pakistani folk wisdom, which is sometimes superior to untested constitutional interpretations, the best time to stop the cat from drinking the milk is before he drinks the milk. No strategy is effective in squeezing the milk out of the cat's belly. This folk wisdom dictates that it will be highly adventurous for the Supreme Court to now declare that General Musharraf could not lawfully contest Presidential election. Any such ruling will be harmful to the protection of rights. The time to shoo away the cat has passed. Politics Versus Politics The Supreme Court's judicial activism is even more objectionable when it begins to sort out political competition. When it comes to politics versus politics, a responsible judiciary stays out of it. In the United States, the doctrine of political question provides useful, though imperfect, guidance for the judiciary. The doctrine clears the path for political forces to contest with each other, win, and lose. Judges may have a preferred dog in the fight. The political question doctrine, however, mandates that judges leave dog fights to dogs. Any judicial intervention to tilt the political field for or against a political party is uncalled for. The judiciary loses respect, not gains it, when it imposes its preferences on the political process or when it appears to be supporting or opposing certain political operators. Applying these insights, it would be appropriate for the Supreme Court not to rule on the constitutionality of the Executive Ordinance under which the Musharraf government has pardoned the alleged crimes of Benazir Bhutto. The Ordinance is most certainly a seamy political transaction between two political operators, Musharaf and Bhutto, who seek power and will do anything to keep it. The deal is even more repellant after Nawaz Sharif's deportation contrary to the Supreme Court order. Despite these obvious problems with the Ordinance, the Supreme Court must not disturb the Musharraf-Bhutto political deal. By declaring the Ordinance offensive to the Constitution, the Supreme Court will further confuse the political scene, inviting chaos and perhaps military intervention. Let the general elections in January 2008 sort out the politics. Ali Khan is a professor of law at Washburn University School of Law in Topeka, Kansas. This story is written for his two sons, Harun and Kashif. He can be reached at: ali.khan@washburn.edu
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