Constitution of Pakistan

The Objectives Resolution was passed from the Constituent Assembly of Pakistan under the leadership of the first Prime Minister of Pakistan Liaquat Ali Khan in 1949 which has been made the preamble of the Constitution of Pakistan 1973. The first Constitution of Pakistan was enforced in 1956 and was abrogated in 1958 and the second Constitution of Pakistan was promulgated in 1962 and abrogated in 1969. The current Constitution of Pakistan was enacted and promulgated in 1973. It has validated all actions of the ruler Yahya Khan and Zulfiqar Ali Bhutto from 21 st March 1969 till the enforcement of the Constitution in 1973 and later on the actions of General Zia ul Haq and Pervez Musharaf as well. The present Pakistan belongs to different people, who are different in language and there are some cultural differences as well, but majority belongs to the religion of Islam that is why the present constitution states that the Islam is the state religion of Pakistan. Initially, the constitution worked a little well and it seemed that it is working in favour of the nation at large, but later on the ruling elite made several amendments in it for their benefits rather than making it beneficial for the people of Pakistan at large. It is the voice of the people of Pakistan that the current Constitution of Pakistan 1973 should be amended according to the will of the people of Pakistan at large and for their benefits and the fairly elected government should eradicate those later amendments which are giving benefits to the ruling elite only. Purpose -This research is the social study of Pakistan under the Constitution of Pakistan 1973 to examine the current Constitution of Pakistan and analyse the current social system of Pakistan and to suggest changes in the current Constitution of Pakistan 1973 for the betterment of the social justice in Pakistan. Design/methodology/approach -This study is routed in qualitative method to examine the current Constitution of Pakistan 1973 and analyse the existing social system under the current Constitution of Pakistan and to find and fix hurdles in the better social legal system under the current Constitution of Pakistan. Finding -This study will help the honest political parties and competent legislators to understand the barriers in the upbringing of the people of Pakistan under the current Constitution of Pakistan and recommend useful changes in the current Constitution of Pakistan for a better social transformed society. Research limitations/implications -This study is the examination of the current Constitution of Pakistan and an analysis of the social system of Pakistan under it and it will not go into the deep details of every aspect of life rather focusing on the sociology of Pakistan under the current Constitution of Pakistan, its bad effects and what changes are required in it for a better social transformed society. Practical implications -This study will point out deficiencies in the current social legal system under the current Constitution of Pakistan and recommend changes in the current constitution of Pakistan to the legislature to do so for the benefits of the people of Pakistan. Originality/Value -This study is the unique work on the topic and there are not many articles written on related topics and this research will be conducted keeping in mind the principles of piracy and illegal methods of doing research.

By academically examining several judgments of Pakistan's domestic courts, it is clearly traced that many international norms are contradictory with the domestic laws or courts’ verdicts in Pakistan (just because of Islamic teachings or religious culture). Although laws or norms within the customary international law consequently have two governing components; (i) acceptance from sovereign states, and (ii) acknowledgment by nations of this general practice as a law. However, this study finds huge contradictions when this principle has to be applied to domestic courts in Pakistan. As this contradiction or conflict is just because of Islamic Jurisprudence or Sharia Law, this study proposes that the municipal courts in the state of Pakistan may put up with judicial heed of the rules or norms of international law just as they do of international law.

Universally and locally, all the courts regard international laws. However, many scholars have traced differences in practices while following civil or constitutional laws in Pakistan. According to them, several constitutional rules create confusion regarding following either international law or local laws (inspired by religion or sect). Similarly, they also criticize the practices of courts for manipulating their verdicts for the sake of satisfying religious sentiments. Therefore, this study tries to investigate whether this allegation can be proved academically, or is there any connection between courts’ verdicts and religious culture. At the same time, this study also evaluates whether there can be differences between international law and civic laws in any state like Pakistan, or whether this practice causes the emergence of a theocratic state.

Benazir Bhutto handpicked Farooq Leghari as the PPP candidate for presidency in December 1993. She remarked that he was “my man”. However, he later dismissed her government on charges of economic mismanagement, corruption and failure to maintain law and order.

This article explores the application of federalism in Pakistan, following its development from the initial provisional constitution to the current one. It examines the legislative, executive, and monetary authority bestowed upon the federal and provincial governments of Pakistan under the country's three constitutions. The article concludes that the history of federalism in Pakistan highlights the significance of putting it into practice in accordance with its genuine spirit, embracing an interpretivist paradigm with a qualitative approach.

SUMMARY: 1. Aim of the study-2. Defining medical treatment-3. Treatment, consent and "religious grounds"-4. The right to express one's religion and medical consent-5. The legitimate limitations on the right to refuse a treatment on religious grounds-6. Capacity to refuse a treatment-7. The genuineness of consent-8. Refusal and children's best interest-9. Conclusive remarks.

Misconceptions related to inequalities between male and female persons in Pakistan are existed in the mind of people around the World. People think that these existing inequalities are linked with Islamic Law and its strict principles laid down in verses of Holy Quran and traditions of Holy Prophet Muhammad ‫.ﷺ‬ The fact is that inequalities exist in Pakistani society between male and female not because of strict principles of Islamic Law but because of feudal mindset and because of low literacy rate and lack of knowledge. Islamic Law does not create inequalities between male and female persons as it is misunderstood by the majority and also badly portrayed by the people who portray themselves as true followers of Islamic Law which actually is incorrect. Apart from feudal mindset and low literacy rate, the Government of Pakistan is duty bound under article 34 of the Constitution of Pakistan 1973 to create good atmosphere for all and ensure full participation of women in all spheres of life but it is unsuccessful to create a friendly atmosphere for women. Low literacy rate in Pakistan is not because of religion as Prophet Muhammad ‫ﷺ‬ stated that seeking knowledge and education is compulsory for every believer (whether man or woman). It is also emphasized under Constitution of Pakistan 1973 thus it is quite unfair to blame the State of Pakistan and Islamic Law for gender inequalities in Pakistan as both verses of Holy Quran, traditions of Holy Prophet Muhammad ‫ﷺ‬ and the Constitution of Pakistan 1973 emphasize on equality before law without discrimination, therefore negative propaganda against Islamic Law and the State of Pakistan should be stopped and the World is required to help the Government of Pakistan to eliminate inequalities and to promote education throughout Pakistan without discrimination as to gender, race, religion, place of birth.

For years, a particular way of thinking about the relationship between religious strife, law, and legal processes has influenced conversations among scholars, human rights activists and policy makers. This way of thinking sees law as an antidote to religious tensions. "Rule of law," the logic goes, acts as a force of moderation and, in matters of religion, serves as a key tool for mollifying or resolving disputes. One does not have to go far to find examples of this paradigm. In a December 2013 speech to the United Nations General Assembly, the Special Rapporteur on Freedom of Religion or Belief, Heiner Bielefeldt, celebrated the power of law to help resolve chronic patterns of religious violence and hatred. He insisted that [a]n open constitutional framework that allows free manifestations of existing or emerging religious pluralism on the basis of equal respect for all is a sine qua non of any policy directed towards eliminating collective religious hatred by building trust through public institutions. (United Nations General Assembly 2013: 11) According to Bielefeldt, institutions of law-above all constitutions and the courts that interpret them-serve as bulwarks against religious strife, polarization and hatred. Constitutional law, he insists, is central to resolving conflicts among religious

Pakistan came into being on the 14 th of August 1947 and become the Islamic Republic of Pakistan in 1956 in her first constitution. Pakistan also consists of many groups of people but Muslims are a dominant community with 96% of the whole population. 4% minority of Pakistan belongs to different creed, culture, caste, ethnicity, and religion. The teaching of Islam and the ideology of the Quaid-e-Azam Mohammad Ali Jinnah focus on giving equal treatment to religious minorities. All three constitutions gave equal rights and freedom to the minorities of the state and also make Islam, the religion of the state. But the process of legislation for the rights and rise of a marginalized group is very slow, and radicalization is also taking place in the state. This paper examines that although Constitutions make justice with minorities in maximum ways in actual things are getting worse, when and how the constitution getting failed and the majority become the senseless mob. The minorities of Pakistan suffering from forced conversion to torching the minority colonies are emerging. In this article few articles of the constitution regarding the right of minorities are discussed.

The refusal to shake hands with a female reporter by a Muslim politician from the Miljöpartiet resulted in a controversy in Sweden. Together with a number of court cases, it revealed a disparity between the established
judicial line and the views of the general public. The Swedish controversy
received a response from Denmark, where the ruling coalition introduced new
citizenship legislation with an obligation to shake hands with the mayor during a naturalization ceremony. These controversies highlighted the rising tensions on multiple levels, between majority and minority, religious freedom and gender equality, law and public opinion. This paper takes a closer look at the role of law as a negotiator and employs the notions of Nordic secularism, organic religious literacy, and the ethos of hospitality towards the untranslatable, in order to answer two questions: where these tensions come from and what are the possible ways of overcoming them.

This dataset produces annual codes through expert analysis levels of de/centralization in Pakistan's federation between 1956 and 2020 (also covering East Pakistan until 1971). It includes three politico-institutional measures -'constitutional autonomy’, the ‘provinces’ institutional autonomy’ and the ‘central manipulation of provincial elections’. It also separately codes the legislative and administrative autonomy of 22 policy areas - Agriculture, Citizenship and immigration, Culture, Currency and money supply, Defence, Economic activity, Education - pre-tertiary, Education - tertiary, Elections and voting, Employment relations, Environmental protection, external affairs, Finance and securities, Health care, Language, Law - civil, Law - criminal, Law enforcement, Media, Natural resources, Social welfare and Transport. Finally, it codes five fiscal areas ‘proportion of own-source revenues out of total provincial revenues’, ‘restrictions on own-source revenues’, ‘proportion of federal conditional transfers out of total provincial revenues’, ‘degree of conditionality (for conditional grants only)’ and ‘provincial public sector borrowing autonomy’.

The extent to which de/centralization is shaped by regime change in federations that have experienced periods of autocratic rule is yet to be fully explored. To this end, this article measures static and dynamic de/centralization in Pakistana federal country under autocratic rule for long periodssince the introduction of its first constitution in 1956. Drawing on an original dataset compiled by the authors, this article challenges the narrative that only military regimes have abetted centralization. It also identifies the main instruments of de/ centralization and the primary agents behind change, including the military, political parties, and the senior judiciary. The first study of its kind on Pakistan, and part of the project 'Why de/centralization in federations?', this article contributes to the literature on decentralization in hybrid regimes by mapping the longitudinal evolution of Pakistan's federal system.

Problems on the legal status of the Church of Scientology * SUMMARY: 1. Preliminary observations. The recent English case law about Scientology-2. The long Italian process-3. The condemnation of the religious movement in France-4. Conclusion.

SOMMARIO: 1. Introduction - 2. Religious education in Italian public schools: general framework - 3. Religious education in public schools: the situation of Islam - 3.1. Some data about the Islamic presence in Italy - 3.2. Religious education and Islam - 4. The religious education in plural Italy: challenges and gaps - 5 - Muslims at school and Religious Education: which solutions? - 5.1 Alternative 1: private schools - 5.2 Alternative 1-bis: Homeschooling - 5.3 Alternative 2: introduction of lessons about religion - 5.4 Alternative 3: Muslim pupils and their participation in the Catholic religion lessons - 6. Conclusions: challenges, problems and future perspectives.

La sentenza della Corte EDU nel caso Karaahmed v. Bulgaria , divenuta definitiva da pochi giorni e di seguito riportata per esteso, affronta il problema del bilanciamento tra la liberta di coscienza e di religione, garantita dell’art. 9 della Convenzione EDU, e le liberta di manifestazione del pensiero e di espressione riunione e associazione, garantite dagli artt. 10 e 11. Si tratta, e noto, di una questione aperta e fortemente dibattuta in molti Paesi dell’Unione Europea; nel nostro, che ci riguarda piu da vicino, le forze politiche ne hanno fatto l’oggetto di aspri contrasti di vedute, che assumono spesso gli aspetti (non solo teorici) dell’estremismo ideologico, dell’iperbole e dell’esasperazione linguistica, dell’indifferenza ai principi costituzionali del pluralismo confessionale e della liberta di religione indistintamente garantita a “tutti” dalla nostra Carta (art. 8, primo comma, e 19 Cost.).

Article peer reviewed. An article based on the same research is due to be published in Proceedings of the Conference “ Gli elementi essenziali delle religioni nella giurisprudenza delle Corti ” held in Rome at the LUISS “Guido Carli”, May 12, 2015. SUMMARY: 1. Introduction – 2. Understanding the complexity: the role of religions in the Indian, Pakistani and Malaysian contexts – 3. The discipline of the religious phenomenon in India: which influences from foreign models in the Constitution? – 4. The Supreme Court and the “essential elements of religion” doctrine – 5.The migration of the Indian essential practice doctrine in Pakistan and Malaysia – 5.1 Interpreting the essential practice doctrine in Pakistan: the long-lasting history of the Ahmadis (non)recognition – 5.2 Cloths and Words always matter. The essential doctrine in Malaysia – 6. Concluding Remarks Abstract: The Supreme Court of India elaborated the “essential elements doctrine” to ascertain which elements are fundamental ...

defines religion. After all, we are well aware that there are many different ways to be religious, also without God 6. This wide religious pluralism is a common good that the law must protect and promote. Nevertheless, I need to restate that, as jurists, we need to understand what religion is if we intend to give it a juridical significance. If it is impossible to claim a normative definition by the State-law, on the one handas lawyerswe shall look for this result within the interiority significance of religion (and religiosity) seeking useful paradigms in the daily life 7. On the other handas scholars in order to find this "religious sense", we can help ourselves with an interdisciplinary approach, especially linked to anthropology 8. Italian scholars of Law and Religion did not pay enough attention to this question, so we have to look for the answer in the international arena. In this way we have the possibility to find several academic contributions entitled "Law and Religion". Therefore, we hope that these books and essays can give us the help that we need. However, our research seems to be quite useless because our Colleagues studied "Law and Religion" as the relationship between these two terms to better define a new academic area 9 , without explaining them. So, both law and religion are mainly seen as mirrors of the social aspect of our daily life, as Harold Berman has written and taught in more than one paper related to religion 10. Russel Sandberg summarized all these Anglo-Saxon approaches to conceptualize "law and religion as including both the study of religion law and religious law" 11. He explained why "religion law" and "religious law" are more preferred labels than "ecclesiastical law", "canon law" and "law and religion", but he skipped over the main question, which is again what

La sentenza della Corte EDU nel caso Karaahmed v. Bulgaria , divenuta definitiva da pochi giorni e di seguito riportata per esteso, affronta il problema del bilanciamento tra la liberta di coscienza e di religione, garantita dell’art. 9 della Convenzione EDU, e le liberta di manifestazione del pensiero e di espressione riunione e associazione, garantite dagli artt. 10 e 11. Si tratta, e noto, di una questione aperta e fortemente dibattuta in molti Paesi dell’Unione Europea; nel nostro, che ci riguarda piu da vicino, le forze politiche ne hanno fatto l’oggetto di aspri contrasti di vedute, che assumono spesso gli aspetti (non solo teorici) dell’estremismo ideologico, dell’iperbole e dell’esasperazione linguistica, dell’indifferenza ai principi costituzionali del pluralismo confessionale e della liberta di religione indistintamente garantita a “tutti” dalla nostra Carta (art. 8, primo comma, e 19 Cost.).

La sentenza della Corte EDU nel caso Karaahmed v. Bulgaria , divenuta definitiva da pochi giorni e di seguito riportata per esteso, affronta il problema del bilanciamento tra la liberta di coscienza e di religione, garantita dell’art. 9 della Convenzione EDU, e le liberta di manifestazione del pensiero e di espressione riunione e associazione, garantite dagli artt. 10 e 11. Si tratta, e noto, di una questione aperta e fortemente dibattuta in molti Paesi dell’Unione Europea; nel nostro, che ci riguarda piu da vicino, le forze politiche ne hanno fatto l’oggetto di aspri contrasti di vedute, che assumono spesso gli aspetti (non solo teorici) dell’estremismo ideologico, dell’iperbole e dell’esasperazione linguistica, dell’indifferenza ai principi costituzionali del pluralismo confessionale e della liberta di religione indistintamente garantita a “tutti” dalla nostra Carta (art. 8, primo comma, e 19 Cost.).

Paper, peer reviewed, for: Liber amicorum Tito Ballarino , Institut Suisse Droit Compare . SUMMARY : 1. Preliminary Remarks - 2. Religious values and nationality - 3. Electio iuris and religious values - 4. Public policy and religious values - 5. The Conventional approach - 6. Conclusive Remarks. Abstract: The wide evolution of private international law is currently recalling attention to the general aspects of the discipline. Europeanization and globalisation of sources of private international law do not preclude the chance that conflict of laws should also deal with individual identities. To the extent that the European systems have hitherto offered to the application of foreign laws, we are faced with the problem of survival in Europe of an idea of the personality of laws. In fact it’s generally accepted that conflict of laws faces the individual identities of people involved in international relations. Cultural identity may be considered collective and individual at the same ti...

SUMMARY: 1. Together in diversity: law and religion in modern civil law systems - 2. The religious traditions in law and religion - 3. The religion and law osmosis in law-making processes - 4. The religion and law osmosis in jurisdiction - 5. As a strategy: the nomopoietic function of religions in the legal koine.

1. Introduction-2. Relation-Collaboration between the State and Churches in Constitutional Democracies-3. The laicité à la française Tested by a Deprivatised Religious Process-3.1. The French Rigid Secularism. Freedom (of Religion) through the State-4. Canada's Open Secularism. The Question of Religious-Based Family Law Disputes-4.1 Reasonable Accommodation and "New" Religious Nomoi Groups-5. Collaboration-Relation between the State and Churches in Italy-5.1. The Italian Secularism Tested by the New "Religious Geography"-6. Conclusion. 1-Introduction Under the pressing process of immigration, in recent years many Western constitutional democracies have moved from a number of creeds sharing, more or less, a common Christian background, to today's variety of different religions, ethnicities and cultures. These legal systems have now to deal with an era of unprecedented religious diversity producing paradoxes that stress the issue of secularism. On one hand, the proliferation of different nomoi groups 1 , brought by the mighty flux of migration, increases the cultural and religious pluralism. On the other, it raises widespread demands for recognition of religious organizations and relative precepts in the public space. We are in other words witnessing the deconstruction of traditional Western "religious uniformity" 2. *An abridged version of this article (reported by Prof. Nicola Colaianni, University of Bari "Aldo Moro") was presented at the Seminar on "Secularism and Liberal Constitutionalism", held at the University of LUISS "Guido Carli" (Rome) on 6 th July 2010.

The Constitution of India grant a Secular identity to our nation. However, the word 'secularism' is often mired into controversies not only because of the sensitivity of the subject it entails but also because of a lack of consensus on what Secularism actually stands for. It is understood, interpreted and applied in different situations in different ways according to the interest sought to be advanced. The biggest sufferer in this conundrum is often the general public which acts and reacts based on such contorted interpretations. Be it the contemporary contentious issues like Citizen (Amendment) Act, 2019, the Uniform Civil Code or the numerous religious riots which have blemished the secular landscape of the country, it is the common man who is always in the line of fire. And somehow, the common man still plays into the hands of their political puppeteers and even comes out on the street in the name of religion, if influenced enough. The religious sentiments of communities have been exploited over centuries by those with own vested interests by instilling fears of religious persecution or oppression. The latest weapon in the armoury of the exploiters is the word 'secularism' which, ironically, is sourced from nowhere else but our revered Constitution. This makes it absolutely essential that an honest attempt is made to understand what Secularism actually means so that the secular tenets envisioned by our founding forefathers can be truly appreciated and put into practice. Therefore, this paper deals with different aspects of Secularism and tries to put into perspective the real meaning of this widely interpreted or misinterpreted word.

Given the capacity, as well as the success and lack thereof, of article
58(2b), in providing a constitutional solution to Pakistan parallel
political instability through a detailed analysis of its legislative genesis
as well as judicial interpretation, application and evolution. Also
determine apart from quality and consistency of the judgments delivered
by the courts of article 58(2b).
The effects on
(i) Independence both real and perceived of the judiciary.
(ii) (ii) Dissolution of the nature and extent or significance &
agreeability of avoidable fall outs.

This Article posits that the Indian courts' usage of the 'essential practices' doctrine has created a uniform understanding of religion and what is fundamental to it. This has been done by imposing an interpretation of public morality rooted in a human rights discourse. By reading into religion only those practices that reinforce the values of human rights as essential, courts have problematised the perceived clash between human rights and religious practices in a simplistic manner. Part I presents an overview of the Indian jurisprudence concerning the essential practices doctrine. Building on such an understanding, Part II spells out the two components that courts have relied upon to determine what is fundamental to each religion. Thereafter, Part III underlines the problem with courts depending on spiritual scriptures to establish the core facets of religion. Part IV demonstrates the manner in which the human rights discourse flowing from the Constitution influences the pronouncements on essentiality and the underlying consistency that governs it. Finally, Part V reflects on the effectiveness of state laws regulating religious practices and the meaning that such regulations hold for the relationship between law and religion.

The current EU migration crisis has confronted Europe with the need to manage an unprecedented influx of refugees and migrants, many of whom report Islamic religious identity. Not only have these recent developments brought about numerous acts of hostility and discrimination motivated by religious hatred, but they also seem to jeopardize, in the long run, inter-religious dialogue in Europe. The conflicts which result from this unexpected, and often unwanted, meeting of people with different cultural and religious background have revived or strengthened doubts about Islam being compatible with European identity.

The actual concern is whether following the rules of Islam in everyday life (e.g. wearing of religious clothing and symbols, respecting gender equality, exercising parental rights) can be reconciled with the Western standards of human rights. The aim of the presentation is to address this question from the legal perspective. Unsurprisingly, it is not a new question, and it has been examined on many occasions—though rarely in an open manner—by the European Court of Human Rights (ECtHR) and other standard making bodies in the European legal space. This standard seems to be evolving, slowly and not in one direction, gaining some growing scholarly attention recently.

As regards the Islamic legal order, it has been clear, at least since the ECtHR judgment in the case of Refah Partisi (2003), that the concept of Sharia law is incompatible with the fundamental principles of democracy. Applying some of Sharia rules by individuals in the private sphere may be permissible as part of their freedom to observe the precepts of their religion, but it should not be endorsed or enforced by the state. However, the recent relinquishment in favour of the Grand Chamber in a case concerning the application of Sharia law by a state court to an inheritance dispute between Greek citizens belonging to the Muslim minority suggests that this traditional view may soon be challenged.

Not less surprising is the recent ECtHR judgment in the case of Hamidović (2017), in which a violation of freedom of religion or belief has been found on account of the punishment of a witness for refusing to remove his Islamic skullcap while giving evidence before a criminal court. Even though the ECtHR declared that the case of Hamidović is completely different from the cases concerning the wearing of religious symbols and clothing in the workplace, it is hard not to see this judgment as a breakthrough in the Court’s case-law as regards the accommodation of Islamic religious practice.

At the same time, the interpretation of the European Convention of Human Rights seems to be well-established, and therefore continuously applied, regarding the admissibility of ban on concealment of one’s face in public places motivated by religion. This practice, which is often considered to be at odds which such values as dignity, liberty and gender equality—or even openly hostile to women’s rights—may be prohibited by domestic authorities. Unfortunately for the ECtHR, the application in the case of S.A.S. (2014), which brought such findings, was made by a woman whose arguments and willingness to find a compromise did not make it easy to dismiss her claims for accommodation as clearly incompatible with the European values.

In the end, however, it is not only about Islamic practice being accommodated by the European standard makers. The question remains open if the idea of European identity itself needs to be transformed, redefining secularity and reflecting social changes in Europe.

SUMMARY: 1. Together in diversity: law and religion in modern civil law systems-2. The religious traditions in law and religion-3. The religion and law osmosis in law-making processes-4. The religion and law osmosis in jurisdiction-5. As a strategy: the nomopoietic function of religions in the legal koinè.

Religion, directly or indirectly, is part in the people's life (for believers as well as non-believers who necessarily assimilate it, sometimes unwittingly), and for this reason it become an element that shapes all of their ethic, social, legal, economical and personal affairs. In fact, religious factor plays a fundamental role in the architecture of the law systems. This paper tries to clarify that between the institutes of civil law and the rules of denominational laws there is a continuous process of osmosis. In that sense we can talk about of an " osmotic process between religion and law " and of a " nomopoietic function of religions " In fact, religions, among others, are one of the players that suggest good practices, especially in their function of influencing the civil law systems. The religion and law osmosis produce important consequences in law systems: the " religious lawmaking " , the presence of religion in civil jurisprudence and the relevance of religious courts. Religion are also capable of obstructing the elitist transformation of law (dictated by major economic private powers), so that it regains the authentic meanings on which it was founded, thus contributing to the evolution of civil systems. In fact, is emerging a new legal koiné that arises from economic practice based on negotiating tools today at the service of the great private economic powers. It is a uniform legal language (mercantilistic) that escapes the political control of the legal systems. Precisely where the political grip of the law is minor, religious traditions become cultural imperatives that construct and dimension these new practices, thus fulfilling a real nomopoietic function. This creates legal rules capable of dealing with differences without undoing them is the main way to govern successfully in today's multicultural society. SUMMARY: 1. Together in diversity: law and religion in modern civil law systems. – 2. Religious traditions and the law. – 3. The religion and law osmosis in law-making processes. – 4. The religion and law osmosis in jurisdiction. – 5. As a strategy: the nomopoietic function of religions in the legal koine.

The following article discusses the parameters of Hindu religious freedoms and makes a comparative analysis with religious freedoms in various countries. The first part briefly summarizes the relationship between the Hindu religious institutions and the State before India achieved independence. This part also traces the change in the legal position of Hindu religious institutions during the British rule leading up to the drafting of the constitutional provisions regarding religious freedoms. The second part examines the Constitutional provisions with regards to the Freedom of Religion in India and conducts a comparative study of similar provisions in other jurisdictions. The final part summarizes the constitutional position and make recommendations for the future. I. Pre-Constitutional Relationship Between Hindu Religious Institutions and The State The significance of the temples in the Indian civilization is reflected in the plethora of ancient and new temples of varying sizes and scales across the country. According to the 2001 census there are about 2.40 million " places of worship " in India. 2 These temples have been in an integral part of all Hindus. Discussing the significance of worshipping in temples, in the case of Sri Venkataramana Devaru and Ors. v. State of Mysore and Ors. 3 , the Supreme Court observed: " The Gods have distinct forms ascribed to them and their worship at home and in temples is ordained as certain means of attaining salvation. These injunctions have had such a powerful hold over the minds of the people that daily worship of the deity in temple came to be regarded as one of the obligatory duties of a Hindu. It was during this period that temples were constructed all over the country dedicated to Vishnu, Rudra, Devi, Skanda, Ganesha and so forth..

The analysis contained in this paper focuses on the issue of the meaning of
religion in Irish case law.
Moving from the articles of the Irish constitution, which regard three
specific issues, controversial in the contemporary Irish society - abortion,
primary school education and blasphemy - the analysis of some judgments,
mainly enacted by the Supreme Court of Ireland, allow to enter in the
fascinating and controversial path which judges undergo when they have
to decide such delicate issues.
Given the importance of Catholic religion in Ireland, my research
was guided by a principal question: do judges have the capacity to broadly
interpret the meaning of religion, or is Catholic religion still influential and
able to condition the judgements concerning the above mentioned three
issues?
The interpretation of the meaning of religion depends on many
variables, such as judges, political scenarios, personal beliefs and
nationality of the people involved. So, the meaning of religion in Irish case law has certainly undergone a dynamic process moving from a strictly Catholic perspective to a more open and respectful one of different religious
(and non-religious) values.
What is religion? Is it moral? Is it philosophy? Is it politics?

Judiciary's ability to balance the scales of justice while steering through the contentious issue of women's entry into religious shrines has come under sharp focus with the recent Haji Ali verdict and the pending decision of the Supreme Court in the Sabrimala temple case. While both cases seem similar and deal with women's right of equality, access and religious freedom, the facts in the Sabrimala case make it a harder battle for gender justice. First, Haji Ali dargah restricted entry of all women while the Sabrimala Temple restricts entry of only menstruating women. The Haji Ali trust disallowed women entry only post 2012 while the celibate status of Lord Ayyaapa and the sect-specific religious traditions have kept women away for centuries, making the Devasom Board's claim more robust. And finally, while the Dargah Trust's claim to manage religious affairs was denied because of a technical discovery that it was a public trust with only administrative powers, the authority of Devasom Board of Sabrimala Temple to adjudicate on religious matters seems unambiguous.

Formation of the Russian Federation as a secular state (XVII century-beginning of the XXI century): historical and theoretical aspects * SUMMARY: 1. Introduction-2. Pre-revolutionary period-3. The Soviet period-4. Modern stage-5. Conclusion.

SUMMARY: 1. Introduction – 2. Understanding the complexity: the role of religions in the Indian, Pakistani and Malaysian contexts – 3. The discipline of the religious phenomenon in India: which influences from foreign models in the Constitution? – 4. The Supreme Court and the " essential elements of religion " doctrine – 5.The migration of the Indian essential practice doctrine in Pakistan and Malaysia – 5.1 Interpreting the essential practice doctrine in Pakistan: the long-lasting history of the Ahmadis (non)recognition – 5.2 Cloths and Words always matter. The essential doctrine in Malaysia – 6. Concluding Remarks

Pakistan was established in 1947 and since its inception, it has been surrounded by countless issues including but not limited to ill-formed/missing infrastructure, insufficient refined resources, barren or obsolete factories and technologies, refuges problem, illiteracy, Demarcation of Boundaries, imposed conflicts at Kashmir and other fronts and an ever-ready enemy to underscore all the efforts towards progress. Despite it being rich on raw resources thus far Pakistan is a developing country with limited development in every era due to the problems it faces.

Abstract: In Italy imams are more than 800 members. As imams, they are almost all self-taught people. As citizens, most of the times they have a precarious job. During the week, they normally take care of things other than religion. They perform religious functions in their spare time. Moreover, to see them working as imams, you have to go down in some underground parking or in apartments converted into mosques, where sometimes you see minaret and other Islamic symbols, but only in either the picture or in the paintings hanging on the wall.

In the end of the day, we know little or almost nothing about imams. Besides, the Italian law normally do not recognise them as religious authorities. Nevertheless, as imams they play a very important role in local Muslim communities that, under the pressing process of immigration, hold nowadays more than two millions persons.

The paper will analyse the status of Islamic imams in Italy, comparing them with the status of other religious authorities (priests, rabbis, pastors ecc.). In particular, this comparative perspective will be focused on both angles: on the one hand, the research will compare the role of imams with those of religious authorities within their respective community; on the other, we will compare imams with considered the different way through which Italian law treats both imams and other religious authority. This perspective will give us a possibility to underline how both the social context and the Italian legal framework (regulating the State-religions connexions) manage religious claims.

The paper contains information about appointment, legal status, functions, duties and distinction between the office of Advocate General in a Province and a Public Prosecutor. It also tells the relationship between a public Prosecutor and Complainant's Counsel. The definitions and powers are stated as available in the main law namely, the Code of Criminal Procedure, 1898. The commentary is in the light of judicial interpretation with full references of the case citations. The headings are given according to the frequently asked questions by the law students in the University. Unnecessary details are left but necessary points are fully discussed.The rulings on the subject are upto 2011.