Pub Date : 2022-09-30DOI: 10.52279/jlss.04.03.492502
Zahida Aziz Sial, Abida Aziz Sial, Vagiha Naz
To figure out the association in between students’ social support and their academic achievement at university level was the main purpose of the study. Two universities of Multan District and their selected faculties was the limit for this study. Total sample of 379 was taken through simple random sampling technique. A questionnaire was developed for attaining the stipulated goals of study. Regarding different aspects of social support, the questionnaire was based on four factors and 40 statements. Factors Family’s social support, the society’s social support, friend’s social support, and social support coming on individual welfare were made by keeping in view the relationship of these with students’ academic achievement. The data was collected personally, and questionnaire was administered, through a five-point Likert type scale. Data were tabulated and analyzed by computing regression analysis-test, frequency count and percentages and mean score methods. The analyses consist on demographic information, standard regression model for finding relationship, t-test for comparing responses and statement/factor wise analysis for finding more influential factor regarding delivery of social support. Findings of study revealed that friend’s social support has an insignificant relationship with students’ academic achievement. Results also revealed that students residing in urban areas have more social support as compared to students residing in rural areas. On the factors: friend’s social support, family’s social support, or society’s social support, the highest mean score was on the factor of social support from family. Moreover, the difference in responses to these factors was insignificant.
{"title":"A Study of the Relationship between Social Support and Students’ Academic Achievement at University Level","authors":"Zahida Aziz Sial, Abida Aziz Sial, Vagiha Naz","doi":"10.52279/jlss.04.03.492502","DOIUrl":"https://doi.org/10.52279/jlss.04.03.492502","url":null,"abstract":"To figure out the association in between students’ social support and their academic achievement at university level was the main purpose of the study. Two universities of Multan District and their selected faculties was the limit for this study. Total sample of 379 was taken through simple random sampling technique. A questionnaire was developed for attaining the stipulated goals of study. Regarding different aspects of social support, the questionnaire was based on four factors and 40 statements. Factors Family’s social support, the society’s social support, friend’s social support, and social support coming on individual welfare were made by keeping in view the relationship of these with students’ academic achievement. The data was collected personally, and questionnaire was administered, through a five-point Likert type scale. Data were tabulated and analyzed by computing regression analysis-test, frequency count and percentages and mean score methods. The analyses consist on demographic information, standard regression model for finding relationship, t-test for comparing responses and statement/factor wise analysis for finding more influential factor regarding delivery of social support. Findings of study revealed that friend’s social support has an insignificant relationship with students’ academic achievement. Results also revealed that students residing in urban areas have more social support as compared to students residing in rural areas. On the factors: friend’s social support, family’s social support, or society’s social support, the highest mean score was on the factor of social support from family. Moreover, the difference in responses to these factors was insignificant.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130830838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-30DOI: 10.52279/jlss.04.03.449457
Muhammad Asif Safdar, Waqas Rafiq, Farhana Aziz Rana
The lawyer-client privilege is a significant characteristic of their fiduciary relationship. The duty of confidentiality obliges the communication that occurred between the client and lawyer should not be disclosed anywhere. This article inspects the significance and importance of the privileged professional communication held between the lawyer and his client. This research piece qualitatively surveys and critically analyses the laws of various jurisdictions including Pakistan, India, the United Kingdom, and the United States to highlight why the communication between lawyer and client is privileged and should not be disclosed. With that aim, this paper pinpoints the broad and loose application of privileged professional communication laws by the various courts. This article finds how the privileged professional communication laws have increased the confidence of clients and strengthened the fiduciary relationship between lawyer and client.
{"title":"Legal Ethics and Privilege Communication","authors":"Muhammad Asif Safdar, Waqas Rafiq, Farhana Aziz Rana","doi":"10.52279/jlss.04.03.449457","DOIUrl":"https://doi.org/10.52279/jlss.04.03.449457","url":null,"abstract":"The lawyer-client privilege is a significant characteristic of their fiduciary relationship. The duty of confidentiality obliges the communication that occurred between the client and lawyer should not be disclosed anywhere. This article inspects the significance and importance of the privileged professional communication held between the lawyer and his client. This research piece qualitatively surveys and critically analyses the laws of various jurisdictions including Pakistan, India, the United Kingdom, and the United States to highlight why the communication between lawyer and client is privileged and should not be disclosed. With that aim, this paper pinpoints the broad and loose application of privileged professional communication laws by the various courts. This article finds how the privileged professional communication laws have increased the confidence of clients and strengthened the fiduciary relationship between lawyer and client.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"159 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116587259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.52279/jlss.04.02.316327
Samia Rahman, Ms. Syeda Sughra Shah
During armed conflicts, it is witnessed that civilians are subject to inhumane treatment by the members of the opponent’s armed forces. They become victims of torture, persecution, molestation, biological attacks, enforced prostitution, slavery, and rape. These are the frequent crimes whose commission takes place during a conflict mostly when the territory has been occupied by the forces of an adversary state. These crimes are chiefly committed by the subordinates, as the commanders would not participate in the actual combat in many instances. In International Criminal Law, the doctrine of command responsibility plays an imperative role, in determining and prosecuting the perpetrators of these crimes. According to ICL, “A Commander shall be held criminally responsible for the acts of his subordinates if he had the effective control and was in the authority to punish or prevent them”. However, according to Islamic principles, “a leader shall be held liable for the acts of those whom he led”. The aim of this research is to compare the concept of command responsibility in Islamic Law and ICL. In addition, it examines the different perpetrators' prosecution modes under ICL and Islamic Law. It will further inquire into the status of subordinates in both Islamic Law and ICL. This research paper will be based on doctrinal research methodology. The data would be collected from international treaties, conventions, and sources of Islamic Law.
{"title":"The Command Responsibility in International Criminal Law and Islamic Law: A Comparative Study","authors":"Samia Rahman, Ms. Syeda Sughra Shah","doi":"10.52279/jlss.04.02.316327","DOIUrl":"https://doi.org/10.52279/jlss.04.02.316327","url":null,"abstract":"During armed conflicts, it is witnessed that civilians are subject to inhumane treatment by the members of the opponent’s armed forces. They become victims of torture, persecution, molestation, biological attacks, enforced prostitution, slavery, and rape. These are the frequent crimes whose commission takes place during a conflict mostly when the territory has been occupied by the forces of an adversary state. These crimes are chiefly committed by the subordinates, as the commanders would not participate in the actual combat in many instances. In International Criminal Law, the doctrine of command responsibility plays an imperative role, in determining and prosecuting the perpetrators of these crimes. According to ICL, “A Commander shall be held criminally responsible for the acts of his subordinates if he had the effective control and was in the authority to punish or prevent them”. However, according to Islamic principles, “a leader shall be held liable for the acts of those whom he led”. The aim of this research is to compare the concept of command responsibility in Islamic Law and ICL. In addition, it examines the different perpetrators' prosecution modes under ICL and Islamic Law. It will further inquire into the status of subordinates in both Islamic Law and ICL. This research paper will be based on doctrinal research methodology. The data would be collected from international treaties, conventions, and sources of Islamic Law.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126129214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.52279/jlss.04.02.361372
Rabia Sana, Professor Dr. Shahzad Ali
This paper interrogated the Western media perception regarding Pakistani society, culture, image and media. It was the developing concern of Western electronic and print media to discuss the various issues related to Pakistan and mainly politics, international relations, society and culture were stressed upon. The present study explored the coverage of American and British press (the Telegraph, the Guardian, the New York Times & the Washington Post) regarding Pakistan. For this reason, the data got from the following newspapers the Telegraph, the Guardian, the New York Times & the Washington Post for the three specific months. The findings revealed that overall negative impression was found in American and British newspapers regarding Pakistani society, culture and media. Pakistani culture was attributed with patriarchal, male chauvinistic with blend of conservative’s tribal norms; extremism, rigidity, violent behavior and religious fanaticism. Women were shown as living in shabby conditions and they were deprived of their fundamental rights. The issues of crime against women, especially in the countryside about domestic violence, acid burning, and abused rape were highlighted. However, softer tone was depicted for pro-Western, liberals’ individuals, NGOs and other elements as compared to the right-wing groups which received more negative frames. Overall the negative issues related to natural disasters, over population, corruption, mismanagement, poor human rights, pervasiveness of conservative’s rightwing groups, and insecurity for journalists dominated the coverage.
{"title":"Mapping of Pakistani Media, Society and Culture in the Mainstream Print Media of the United Kingdom and the United States","authors":"Rabia Sana, Professor Dr. Shahzad Ali","doi":"10.52279/jlss.04.02.361372","DOIUrl":"https://doi.org/10.52279/jlss.04.02.361372","url":null,"abstract":"This paper interrogated the Western media perception regarding Pakistani society, culture, image and media. It was the developing concern of Western electronic and print media to discuss the various issues related to Pakistan and mainly politics, international relations, society and culture were stressed upon. The present study explored the coverage of American and British press (the Telegraph, the Guardian, the New York Times & the Washington Post) regarding Pakistan. For this reason, the data got from the following newspapers the Telegraph, the Guardian, the New York Times & the Washington Post for the three specific months. The findings revealed that overall negative impression was found in American and British newspapers regarding Pakistani society, culture and media. Pakistani culture was attributed with patriarchal, male chauvinistic with blend of conservative’s tribal norms; extremism, rigidity, violent behavior and religious fanaticism. Women were shown as living in shabby conditions and they were deprived of their fundamental rights. The issues of crime against women, especially in the countryside about domestic violence, acid burning, and abused rape were highlighted. However, softer tone was depicted for pro-Western, liberals’ individuals, NGOs and other elements as compared to the right-wing groups which received more negative frames. Overall the negative issues related to natural disasters, over population, corruption, mismanagement, poor human rights, pervasiveness of conservative’s rightwing groups, and insecurity for journalists dominated the coverage.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129318743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.52279/jlss.04.02.328346
M. Musharraf, Dr. Basheer Ahmed Dars, Muhammad Ali Shaikh
This worldly life of ours is a test from Allah swt. We are required to live this life as vicegerents of Allah swt. This means that we should run our lives as well as the systems of this world according to how their True Ruler wants them to be run. He has given us the code of conduct for this life in His book and through the life of His messenger صلى الله عليه وسلم . Those who fulfill this responsibility will be rewarded with the Paradise which is so beautiful that no eye has ever seen anything like it nor any mind has mind ever imagined. It would be a great loss for the ones who live a lifestyle contrary to the commands of their Creator and get deprived of the great rewards that He has prepared for the successful ones. There are certain people about whom it is mentioned in the ahadith of the Prophet صلى الله عليه وسلم that they would be the ones who would not even smell the fragrance (or perfume) of Paradise. It is accordingly very important to identify all the reasons that lead to this outcome and avoid them in our lives. With this objective in mind, we have surveyed hadith literature to identify all narrations that are linked to this topic. As a result, twenty-five types of actions and behaviors have been identified and reported in this paper. May Allah swt enable us to avoid these behaviors, attributes, actions, and attitudes and enable us to live a life of purity and righteousness.
我们今世的生活是真主的考验。我们被要求以安拉的代理人的身份生活。这意味着我们应该按照真正的统治者想要的方式来管理我们的生活和这个世界的系统。他已经通过他的书和他的信使صلى الله عليه وسلم的生活给了我们今生的行为准则。那些履行这一责任的人将得到天堂的奖赏，它是如此美丽，没有人的眼睛曾经见过这样的东西，也没有人的头脑曾经想象过。对于那些生活方式违背造物主命令的人来说，这将是一个巨大的损失，他们将被剥夺他为成功的人准备的巨大奖励。有一些人在先知的圣训صلى الله عليه وسلم中提到，他们甚至闻不到天堂的香味(或香水)。因此，找出导致这种结果的所有原因并在我们的生活中避免它们是非常重要的。带着这个目标，我们调查了圣训文献，找出所有与这个主题相关的叙述。因此，二十五种类型的行动和行为已被确定并报告在本文中。愿安拉使我们能够避免这些行为、属性、行为和态度，使我们能够过纯洁和正义的生活。
{"title":"Those Who Will Be Deprived of The Fragrance of Paradise: A Survey of Hadith Literature","authors":"M. Musharraf, Dr. Basheer Ahmed Dars, Muhammad Ali Shaikh","doi":"10.52279/jlss.04.02.328346","DOIUrl":"https://doi.org/10.52279/jlss.04.02.328346","url":null,"abstract":"This worldly life of ours is a test from Allah swt. We are required to live this life as vicegerents of Allah swt. This means that we should run our lives as well as the systems of this world according to how their True Ruler wants them to be run. He has given us the code of conduct for this life in His book and through the life of His messenger صلى الله عليه وسلم . Those who fulfill this responsibility will be rewarded with the Paradise which is so beautiful that no eye has ever seen anything like it nor any mind has mind ever imagined. It would be a great loss for the ones who live a lifestyle contrary to the commands of their Creator and get deprived of the great rewards that He has prepared for the successful ones. There are certain people about whom it is mentioned in the ahadith of the Prophet صلى الله عليه وسلم that they would be the ones who would not even smell the fragrance (or perfume) of Paradise. It is accordingly very important to identify all the reasons that lead to this outcome and avoid them in our lives. With this objective in mind, we have surveyed hadith literature to identify all narrations that are linked to this topic. As a result, twenty-five types of actions and behaviors have been identified and reported in this paper. May Allah swt enable us to avoid these behaviors, attributes, actions, and attitudes and enable us to live a life of purity and righteousness.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129697429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.52279/jlss.04.02.247261
Dr. Muhammad Asif Khan, Dr. Muhammad Fayaz, Umar Niaz Khan
In the wake of the privatization of war, new international players known as private military companies have been given the opportunity to actively engage in many armed conflicts throughout the world. They provide a variety of services such as combat services, logistical support, operational support, intelligence, border monitoring, and providing security guards in exchange for monetary compensation. During armed conflicts workers of these military companies can violate international law, including provisions of international humanitarian law. Under the international humanitarian law, the individual criminal responsibility exists to be applied on the employees of these firms, but the international legal framework is unable to identify the liability of these private military companies. Especially, the idea of criminal corporate liability for these companies is nonexistent. This research paper proposes that the idea of corporate criminal responsibility should be introduced at the state level, with the goal of holding Private Military Companies accountable for breaches of International Humanitarian Law and Human Rights Laws. In addition, it is also argued that the special regulations are required to govern private military companies.
{"title":"Liability of the Private Military Companies for Violations of International Humanitarian Law","authors":"Dr. Muhammad Asif Khan, Dr. Muhammad Fayaz, Umar Niaz Khan","doi":"10.52279/jlss.04.02.247261","DOIUrl":"https://doi.org/10.52279/jlss.04.02.247261","url":null,"abstract":"In the wake of the privatization of war, new international players known as private military companies have been given the opportunity to actively engage in many armed conflicts throughout the world. They provide a variety of services such as combat services, logistical support, operational support, intelligence, border monitoring, and providing security guards in exchange for monetary compensation. During armed conflicts workers of these military companies can violate international law, including provisions of international humanitarian law. Under the international humanitarian law, the individual criminal responsibility exists to be applied on the employees of these firms, but the international legal framework is unable to identify the liability of these private military companies. Especially, the idea of criminal corporate liability for these companies is nonexistent. This research paper proposes that the idea of corporate criminal responsibility should be introduced at the state level, with the goal of holding Private Military Companies accountable for breaches of International Humanitarian Law and Human Rights Laws. In addition, it is also argued that the special regulations are required to govern private military companies.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"137 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115270196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.52279/jlss.04.02.217232
Syed Wajdan Rafay Bukhari, Muhammad Hamzah, Syed Wajdan Rafay Bukhari
The gendered social structure of any general population anticipates an essential action in the charming and confined status of women, as women contain half of the world's done individuals yet not considered as proportionate to the male or controlled piece of society. Political fortifying of women is positively not the primary consideration in making women socially, purposely, or monetarily self-administering. Or then again, perhaps, it is vital for the explanation and progress of society. The mother anticipates an essential movement in the supporting of kids, as near women acknowledge a fundamental action in the advancement of society. Strengthening of women makes women free monetarily, at any rate, the political fortifying of women accumulates her self-governing politically in taking her choice to choose an option as exhibited by her consent, making her stable to challenge races, pick her self-overseeing in essential power and planning practices in help and progress of society. Women' delineation in Local Government raises the voices of conventional women from ground level.
{"title":"Women Employment Through Local Governments: A Comparative Analysis of Authoritarian and Democratic Regimes (2001-2015)","authors":"Syed Wajdan Rafay Bukhari, Muhammad Hamzah, Syed Wajdan Rafay Bukhari","doi":"10.52279/jlss.04.02.217232","DOIUrl":"https://doi.org/10.52279/jlss.04.02.217232","url":null,"abstract":"The gendered social structure of any general population anticipates an essential action in the charming and confined status of women, as women contain half of the world's done individuals yet not considered as proportionate to the male or controlled piece of society. Political fortifying of women is positively not the primary consideration in making women socially, purposely, or monetarily self-administering. Or then again, perhaps, it is vital for the explanation and progress of society. The mother anticipates an essential movement in the supporting of kids, as near women acknowledge a fundamental action in the advancement of society. Strengthening of women makes women free monetarily, at any rate, the political fortifying of women accumulates her self-governing politically in taking her choice to choose an option as exhibited by her consent, making her stable to challenge races, pick her self-overseeing in essential power and planning practices in help and progress of society. Women' delineation in Local Government raises the voices of conventional women from ground level.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126940036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.52279/jlss.04.02.346360
Farah Irshad, Mustanir Afzal Khan Lodhi, Muhammad Hashaam Ali Khakwani
COVID-19 has damaged most of the institutions in the world. Whereas education is the only paradigm which was transferred to online mode in most countries; thus, the Pandemic outbreak converted the world into a virtual society. This study aims to understand the challenges faced by BZU (HEI's) students in Pakistan while switching traditional learning to online learning. The purpose of this study is to investigate the learners' new experiences in synchronous online education and assess the practicality of the virtual synchronous method of learning. The current study is conducted under the qualitative research paradigm, using in-depth interviews to collect data and thematic content analysis techniques for analyzing the data. The result showed a digital divide and lack of ICT skills hinder this virtual process's success. There is a crucial need to establish an excellent infrastructure to promote online learning on a routine basis so that education institutes can immediately switch from brick-mortar to click-mortar learning systems in emergent situations.
{"title":"Exploring the Determinants Affecting Synchronous E-Learning During COVID-19 Pandemic: A Case Study of Southern Punjab","authors":"Farah Irshad, Mustanir Afzal Khan Lodhi, Muhammad Hashaam Ali Khakwani","doi":"10.52279/jlss.04.02.346360","DOIUrl":"https://doi.org/10.52279/jlss.04.02.346360","url":null,"abstract":"COVID-19 has damaged most of the institutions in the world. Whereas education is the only paradigm which was transferred to online mode in most countries; thus, the Pandemic outbreak converted the world into a virtual society. This study aims to understand the challenges faced by BZU (HEI's) students in Pakistan while switching traditional learning to online learning. The purpose of this study is to investigate the learners' new experiences in synchronous online education and assess the practicality of the virtual synchronous method of learning. The current study is conducted under the qualitative research paradigm, using in-depth interviews to collect data and thematic content analysis techniques for analyzing the data. The result showed a digital divide and lack of ICT skills hinder this virtual process's success. There is a crucial need to establish an excellent infrastructure to promote online learning on a routine basis so that education institutes can immediately switch from brick-mortar to click-mortar learning systems in emergent situations.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124535524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.52279/jlss.04.02.279285
Shumaila Nazli, Dr. Muhammad Zubair Khan
The simultaneous application of IHL and IHRL during an armed conflict is a hugely debated area of international law. The experts have been divided into two categories. Some would say that simultaneous application is possible as IHRL is applicable in all circumstances whether of peace or of conflict. They would argue that the IHRL portion could not be disconnected from IHL as both interplay during warfare and armed conflict with each other. On the other hand, the other group of experts would argue that simultaneous application and interplay of IHL and IHRL is not possible as one is Lex Specialis and the other is Lex Generalis. They are also of the opinion that these two set of rules are different in its implementation mechanisms. Both follow different mechanisms for the implementation of its rules and the consequences of these mechanisms are entirely different. This article tries to elaborate both these opinions for the development of a consensual jurisprudence in international law. The erstwhile FATA (tribal belt in KP) is used as case study.
{"title":"Exploring the Link Between IHRL and IHL regarding its Simultaneous Application: A Case Study of Tribal Belt in KP for the Development of International Jurisprudence","authors":"Shumaila Nazli, Dr. Muhammad Zubair Khan","doi":"10.52279/jlss.04.02.279285","DOIUrl":"https://doi.org/10.52279/jlss.04.02.279285","url":null,"abstract":"The simultaneous application of IHL and IHRL during an armed conflict is a hugely debated area of international law. The experts have been divided into two categories. Some would say that simultaneous application is possible as IHRL is applicable in all circumstances whether of peace or of conflict. They would argue that the IHRL portion could not be disconnected from IHL as both interplay during warfare and armed conflict with each other. On the other hand, the other group of experts would argue that simultaneous application and interplay of IHL and IHRL is not possible as one is Lex Specialis and the other is Lex Generalis. They are also of the opinion that these two set of rules are different in its implementation mechanisms. Both follow different mechanisms for the implementation of its rules and the consequences of these mechanisms are entirely different. This article tries to elaborate both these opinions for the development of a consensual jurisprudence in international law. The erstwhile FATA (tribal belt in KP) is used as case study.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116003849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.52279/ljss.04.02.233246
A. Usman, M. Hassan, A. Q. Sial
Independence of judiciary is a topic of protracted debate commonly involving essentials and merits of independence added by its constituents and due execution etc. First, the word independence has been adorned only with judicial organ although the meaning of this feature as a characteristic is essential ingredient of all institutions and their constituent sectors. Importance of the word independence has been applied in a distinguish sense to mean that judiciary as an organ maintained in self-contained composition, competence, and capabilities for administer of justice in the country. Being Independent of external interference or fairly performing judicial function is a privilege and a duty. Judiciary must obtain, secure, defend and continue with its independence by virtue of establishing rule of law in the country. Judiciary shall not only administer justice, but that also must ensure continuity of its organizational capacity at all costs. Meaning thereby its professional responsibilities must continue judiciously by overpowering any obstruction from any other person or organ. That is why Judiciary has been declared guardian of the constitution as well. This study must examine to what extent independence of judiciary has been exercised in Pakistan in the context of its actual meanings and requirements. Doctrine of independence of judiciary outstandingly elaborates that judiciary is to be equipped of self-sustaining condition and can never shift the burden of failure to external factors. When a judicial system under the constitution is given independence or it claims so, responsibility of its execution and maintenance is retained on its articulatio humeri. The study will conclude that in case of failure judiciary shall have to acknowledge responsibility all alone.
{"title":"Independence of Judiciary Leading Justice System to Injudicious Outline","authors":"A. Usman, M. Hassan, A. Q. Sial","doi":"10.52279/ljss.04.02.233246","DOIUrl":"https://doi.org/10.52279/ljss.04.02.233246","url":null,"abstract":"Independence of judiciary is a topic of protracted debate commonly involving essentials and merits of independence added by its constituents and due execution etc. First, the word independence has been adorned only with judicial organ although the meaning of this feature as a characteristic is essential ingredient of all institutions and their constituent sectors. Importance of the word independence has been applied in a distinguish sense to mean that judiciary as an organ maintained in self-contained composition, competence, and capabilities for administer of justice in the country. Being Independent of external interference or fairly performing judicial function is a privilege and a duty. Judiciary must obtain, secure, defend and continue with its independence by virtue of establishing rule of law in the country. Judiciary shall not only administer justice, but that also must ensure continuity of its organizational capacity at all costs. Meaning thereby its professional responsibilities must continue judiciously by overpowering any obstruction from any other person or organ. That is why Judiciary has been declared guardian of the constitution as well. This study must examine to what extent independence of judiciary has been exercised in Pakistan in the context of its actual meanings and requirements. Doctrine of independence of judiciary outstandingly elaborates that judiciary is to be equipped of self-sustaining condition and can never shift the burden of failure to external factors. When a judicial system under the constitution is given independence or it claims so, responsibility of its execution and maintenance is retained on its articulatio humeri. The study will conclude that in case of failure judiciary shall have to acknowledge responsibility all alone.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128843915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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