The Indian federal government has cleared the way for bullfighting events to resume in southern Tamil Nadu state, bypassing a Supreme Court ban. http://www.bbc.com/news/world-asia-india-38705616
# this is interesting. Executive order bypassing supreme court judgment. It appears to be happening everywhere, from Bangladesh and India to the United States of America. The day before yesterday there was a discussion in BBC television regarding this matter. Commentators stated that President Obama used this executive power often to overcome conservative obstacles put by the USA Republican party in issues such as climate change. People overlooked the fact that in helping the good cause of climate change mitigation President Obama undermined the rule of law by taking recourse of the executive order where he does not need the approval of the legislature in that case. Now President Trump has already started to take full advantage of the avenue opened by good intentioned President Obama. Soon, we anticipate, he will be bypassing both the legislature and the judiciary.
This is a worrying trend for rule of law. Executive orders do not go through the rigorous process of scrutiny and consultation of a law passed by the Parliament. It does not go through the rigorous process of discourse of a judgment. Such elaborate and rigorous process of scrutiny removes the harmful parts of any decision. Executive decisions are therefore dangerous for the society. It is dictatorship in the garb of democracy.
The Indian Supreme Court should come forward very soon to rectify its position in the light of the constitutional framework. If the popular decision is in favor of the sport than they should reconsider their decision. Laws are not enacted by aliens for the benefit of the aliens. Laws are in effect majority decisions of the population.
Update 1
10.02.2017
A US appeals court has rejected President Donald Trump's attempt to reinstate his ban on visitors from seven mainly Muslim countries.
The 9th US Circuit Court of Appeals said it would not block a lower-court ruling that halted the order.
It also rejected the argument that the president had sole discretion to set immigration policy.
"Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all," said the ruling. "We disagree, as explained above.'' Reports BBC
# this is interesting. Executive order bypassing supreme court judgment. It appears to be happening everywhere, from Bangladesh and India to the United States of America. The day before yesterday there was a discussion in BBC television regarding this matter. Commentators stated that President Obama used this executive power often to overcome conservative obstacles put by the USA Republican party in issues such as climate change. People overlooked the fact that in helping the good cause of climate change mitigation President Obama undermined the rule of law by taking recourse of the executive order where he does not need the approval of the legislature in that case. Now President Trump has already started to take full advantage of the avenue opened by good intentioned President Obama. Soon, we anticipate, he will be bypassing both the legislature and the judiciary.
This is a worrying trend for rule of law. Executive orders do not go through the rigorous process of scrutiny and consultation of a law passed by the Parliament. It does not go through the rigorous process of discourse of a judgment. Such elaborate and rigorous process of scrutiny removes the harmful parts of any decision. Executive decisions are therefore dangerous for the society. It is dictatorship in the garb of democracy.
The Indian Supreme Court should come forward very soon to rectify its position in the light of the constitutional framework. If the popular decision is in favor of the sport than they should reconsider their decision. Laws are not enacted by aliens for the benefit of the aliens. Laws are in effect majority decisions of the population.
Update 1
10.02.2017
A US appeals court has rejected President Donald Trump's attempt to reinstate his ban on visitors from seven mainly Muslim countries.
The 9th US Circuit Court of Appeals said it would not block a lower-court ruling that halted the order.
It also rejected the argument that the president had sole discretion to set immigration policy.
"Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all," said the ruling. "We disagree, as explained above.'' Reports BBC
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