Eighth Amendment to the Constitution of Pakistan
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The Constitution (Eighth Amendment) Act, 1985 was an amendment to the Constitution of Pakistan passed in 1985. It changed Pakistan's government from a Parliamentary system to a Semi-presidential system by giving the President a number of additional powers. These powers included the right to dissolve the National Assembly (but not the Senate) if, in his opinion, "a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary." (Constitution of Pakistan, Article 58)
The Eighth Amendment was invoked three times in the 1990s. Its use was justified by the President as necessary, for the removal of corrupt governments that, he asserted, had lost the confidence of the people. Elections were held each time that caused the ruling party to lose its majority or plurality in the National Assembly.
In 1997, the Thirteenth Amendment was passed, stripping the President of the power to dissolve the National Assembly and call for new elections, effectively reducing the Presidency to a ceremonial figurehead.
Pakistan's democracy provides no means for the people to directly recall members of Parliament before the end of their terms. Consequently, the Thirteenth and Fourteenth Amendments had the effect of removing the institutional Checks and Balances on the Prime Minister's power, by giving him immunity from being legally dismissed.
The power of the President's office was partially restored by the Seventeenth Amendment. The power to dissolve the National Assembly and dismiss the Prime Minister is now subject to Supreme Court approval.
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Constitution of Pakistan |  |
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