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Article

Linguistic Disharmony, National Language Authority and Legislative Drafting in Islamic Republic of Pakistan

Journal European Journal of Law Reform, Issue 4 2013
Keywords National Language Authority, National Language of Pakistan, Legislation in Urdu, Plain Language Movement, Urdu Language
Authors Mazhar Ilahi
AbstractAuthor's information

    It is quite interesting to note that first, the first language of most of the population of Pakistan remains different in different geographical regions. Secondly, Urdu, which is the second language of most of the population of Pakistan though declared to be the sole constitutional and official language, is not so accepted by all the communities resident in Pakistan. As a result, and thirdly, the laws of Pakistan are drafted in a non-native language, English, which is mostly the third language of a small fraction of the country’s population . This situation runs counter to the theme of the Plain Language Movement for writing of laws (PLM), which strives to make the laws understandable for its subjects. The problem, in reality, owes its genesis to different ethno-lingual and political issues. However, without going into much detail of these ethno-lingual and political elements, this article aims to analyse the question of the need for linguistic harmony, the main causes of lack of focus upon the same and the role of the National Language Authority (NLA) in the context. In addressing these issues the author concludes that lack of political will to handle the natural ensuing issues of the multilingual features of the Pakistani society and the (English) linguistic hegemony of the ruling elites (civil and military bureaucracy) are the two main causes of the failure of the NLA to administer Urdu as a sole national/official/legislative language of Pakistan.


Mazhar Ilahi
The author is a Solicitor qualified in England & Wales currently working as an Associate Research Fellow and Director of the Legislative Drafting Clinic at the Institute of Advanced Legal Studies, School of Advanced Study, University of London. Previously, he has worked as a Civil Judge/Judicial Magistrate and is practicing as Advocate of High Courts in Pakistan. He is also country (Pakistan) representative of ‘CLARITY’, International Association Promoting Plain Legal Language. The author acknowledges the research facilitation provided by the IALS in writing this article.
Article

Rule of Ordinance in the Islamic Republic of Pakistan

A Question of Arbitrary Legislative Endowment

Journal European Journal of Law Reform, Issue 2-3 2012
Keywords legislative authority of government in Pakistan, ordinance in English law, ordinance in British India, ordinance in Pakistan, emergency legislation by ordinance in Pakistan
Authors Mazhar Ilahi
AbstractAuthor's information

    The Constitution of the Islamic Republic of Pakistan empowers the federal and provincial Governments via the President and the Governors of the respective provinces to enact the primary legislation independent of the representative legislatures in the form of Ordinances. However, the resulting enactment remains in force for a few months, and notionally, must be promulgated only under the circumstances of urgent necessity and when the national legislature is not in session. Yet, owing to the vagueness of the text of the relevant Constitutional provisions, the scope of this legislative authority has much potential for abuse, and it has so been alleged too, in numerous Constitutional petitions filed from time to time in the superior courts of Pakistan seeking the judicial review of the promulgating action on the ground of malafide etc. But the judicature in Pakistan has largely abstained from exercising its authority to keep itself from being stigmatized from the usual aftermath of the judicial pronouncement on questions of political fiat. Resultantly, the natural democratic right of the illiterate and ignorant people of Pakistan to be governed by laws made by the designated representative legislature is persistently being jeopardized. In this view of the matter, on the basis of an empirical study of the Ordinance and the emergency legislation in the United Kingdom, and the ensuing principles of good governance and democratic norms, this article argues that the Constitutional authority of the Governments in Pakistan to enact primary legislation by way of promulgating Ordinances is an arbitrary legislative endowment, and entails a review by a truly representative, legitimate and competent Constituent Assembly.


Mazhar Ilahi
The author (mazharilahi@hotmail.com) is currently a PhD candidate at the Institute of Advanced Legal Studies, School of Advanced Study, University of London, UK. Previously he has served in the judicial service of Pakistan as civil judge-cum-judicial magistrate and has also practiced as Advocate of High Courts in Pakistan.
Article

Chinese Judicial Methodologies to Determine the Validity of Arbitration Agreements

“Arbitration in Hong Kong and English Law to Apply” as an Example

Journal European Journal of Law Reform, Issue 3-4 2011
Authors Song Lianbin and Sophia Juan Yang
AbstractAuthor's information

    As Financial Times says, “it is now difficult to consider African prospects without the mention of China, which in the past decade has increased trade with the continent 10-fold – from $ 10 billion to more than $ 100 billion and has overtaken the US and the Europe as the largest trading partner in some important economies”.1x See Financial Times Special Report on Africa-China Trade, available at <http://media.ft.com/cms/de832bb2-7500-11df-aed7-00144feabdc0.pdf>. Africa has particular needs for cost-effective and time-effective mechanisms for resolving trade disputes with Chinese parties. The most preferred choice is, not surprisingly, commercial arbitration.

Noten


Song Lianbin
Song Lianbin is Professor in Law, Wuhan University, Wuhan, China.

Sophia Juan Yang
Sophia Juan Yang is Dr. iur. (University of Basel, Switzerland), LL.M. (Wuhan), former Research Assistent for Global Sales Law Project.

    Les propos qui suivent revendiquent une double impertinence. Celle de la répétition car ils reprennent des points de vue déjà exprimés par d’autres, rappelant une vérité d’évidence reconnue par beaucoup, concernant le projet d’uniformisation du droit des contrats dans l’espace OHADA.1xActes du colloque ‘Harmonisation du droit OHADA des contrats’, Ouagadougou, 15-17 novembre 2007, disponible à <www.ohada.com/doctrine/Ohadata/D-09-26>. L’impertinence de l’originalité également en essayant de présenter sous un regard nouveau l’ambition d’intégration du droit des contrats exprimée par les autorités de l’Organisation pour l’Harmonisation du Droit des Affaires en Afrique.

Noten


Mbissane Ngom
Professeur de l’Université Gaston Berger de Saint-Louis (Sénégal).
Article

The Right to Food

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords food crisis, right to food
Authors Ying Chen
AbstractAuthor's information

    With the development of society, new agricultural technologies have been widely introduced and effectively applied to agricultural cultivation. Agricultural productive capacity has greatly improved and the world’s food producers are capable of providing all the people on this planet with sufficient food to satisfy everyday dietary needs for a healthy life. Ironically, food insecurity continues to be a critical issue in the contemporary world. More than 923 million people suffer from chronic hunger, malnutrition or related diseases, and this number grows with continually rising food prices. This article responds to the current food insecurity by addressing a new issue: is there any legal basis for both the international community and national governments to protect vulnerable people from hunger and malnutrition?


Ying Chen
S.J.D. Candidate, LL.M., Indiana University School of Law Indianapolis.
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