FCC Verdict: Can a Statutory Presidential Order become Constitutionally Immune?
The Federal Constitutional Court’s recent judgement in the Nadia Sarwar workplace harassment case has not just affected the implementation and spirit of the Protection from Harassment of Women at Workplace Act 2010 (later amended in 2022). There is a much larger constitutional question that has received far less attention in the media.
In this conversation with Nida Usman Chaudhary, she raises an important question: Can a statutory order of the President become constitutionally immune from judicial review?
If a decision made by the President can be treated as constitutionally immune from review, what could that mean for the long-term relationship between statutory powers, presidential authority and judicial review? Could such an interpretation affect how future courts approach other presidential orders exercised under legislation?
This is the broader constitutional implication that has received comparatively little attention in the public debate.
We also discuss what the judgement means for workplace harassment law, the evolution of its interpretation, and what lawyers, civil society and lawmakers need to consider going forward.
Guest: Nida Usman Chaudhary, Legal Expert and Founder, Women in Law
Interviewer: Zeeba Hashmi | Ibtidah for Education
Link to the article: https://ibtidahforeducation.com/was-the-accused-horny-unpacking-the-fccs-judgement-on-workplace-harassment-law/
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