Precedent In Pakistani Law

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Precedent in Pakistani Law

Author : Dr. Muhammad Munir
Publisher : Oxford University Press, USA
ISBN 13 : 9780199068241
Total Pages : 0 pages
Book Rating : 4.0/5 (682 download)

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Book Synopsis Precedent in Pakistani Law by : Dr. Muhammad Munir

Download or read book Precedent in Pakistani Law written by Dr. Muhammad Munir and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Common Law system, it is the doctrine of 'precedent' which courts depend upon, more than any other legal doctrine, while arriving at their decisions. The elements that constitute the doctrine of precedent are numerous and complex. Despite its considerable importance in the Pakistani legal system, the operation of this doctrine has so far drawn little academic attention. This work bridges that gap. It thoroughly examines the history, origin and context of this doctrine, as well as the rules which guide its operation in Pakistan in the Supreme Court, the High Courts, the Federal Shariat Court, and the various tribunals, with examples and analysis of case law. How is the ratio of a precedent case determined? What is the interpretation of Article 189 of the Constitution of Pakistan? Are decisions of the Supreme Court binding on the Supreme Court itself? Are the lower courts bound by the dictum of the Supreme Court? Are there decisions of the Supreme Court that are not binding on lower courts? What is the position of superior courts in India and Azad Jammu & Kashmir (AJK) on all these issues? What value should be attached to precedent in criminal cases? Can the Supreme Court, the High Courts, and the Federal Shariat Court overrule their own previous decisions? And is the practice of the higher courts in Pakistan - under Articles 189, 201 and 203 GG - in conformity with Islamic law? These are some of the questions, vital to understand the operation of precedent in Pakistani law, which are discussed in this work.

Pakistan's Experience with Formal Law

Author : Osama Siddique
Publisher : Cambridge University Press
ISBN 13 : 1107038154
Total Pages : 489 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Pakistan's Experience with Formal Law by : Osama Siddique

Download or read book Pakistan's Experience with Formal Law written by Osama Siddique and published by Cambridge University Press. This book was released on 2013-06-20 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.

The Role of Islam in the Legal System of Pakistan

Author : Martin Lau
Publisher : BRILL
ISBN 13 : 9004149279
Total Pages : 258 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Role of Islam in the Legal System of Pakistan by : Martin Lau

Download or read book The Role of Islam in the Legal System of Pakistan written by Martin Lau and published by BRILL. This book was released on 2006 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in 1947, this volume examines the way Pakistani judges have dealt with the controversial issue of Islam in the past 50 years. The book's focus on reported case-law offers a new perspective on the Islamisation of Pakistan's legal system in which Islam emerges as more than just a challenge to Western conceptions of human rights.

A History of the Judiciary in Pakistan

Author : Hamid Khan
Publisher :
ISBN 13 : 9789697342242
Total Pages : 0 pages
Book Rating : 4.3/5 (422 download)

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Book Synopsis A History of the Judiciary in Pakistan by : Hamid Khan

Download or read book A History of the Judiciary in Pakistan written by Hamid Khan and published by . This book was released on 2023-08-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of Pakistan's judicial history since Independence. It includes detailed discussion of the act, lives, and judgments of significant Pakistani judges, with their continuing effects on the life of the nation.

Arbitration Law of Pakistan

Author : Ikram Ullah
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517107
Total Pages : 486 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Arbitration Law of Pakistan by : Ikram Ullah

Download or read book Arbitration Law of Pakistan written by Ikram Ullah and published by Kluwer Law International B.V.. This book was released on 2021-06-18 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven to a significant extent by Pakistan’s rapidly growing status in trade and economic partnerships – in particular considering the country’s role in the China and Pakistan Economic Corridor (CPEC) – interest in Pakistan’s dispute settlement regime is on the rise. This ground-breaking book, by Pakistan’s best-known arbitrator, practitioner, and legal scholar, is the first in any language to provide in-depth coverage of all significant topics of Pakistani law on both domestic and foreign arbitration, ranging from drafting of the arbitration agreement to the enforcement of arbitral awards. With comprehensive coverage of Pakistani statutes and case law affecting arbitration and bilateral investment treaties (BITs), the author describes and analyses such issues and topics as the following: concepts of separability, arbitrability, and competence-competence; rules governing the conclusion, interpretation, and enforcement of arbitration agreements; grounds on which courts assume jurisdiction; legal issues pertaining to the stay of court proceedings in relation to both domestic and foreign arbitration; constitution of arbitral tribunals; interim measures; judicial review of both domestic and foreign arbitral awards; and available remedies of appeal and revision. Positioned to become the preeminent authority on the arbitration law of Pakistan, this book will be welcomed not only by Pakistani practitioners, arbitrators, judges, students, and academics as the first practical guide to arbitration practice and procedure in their country but also by foreign practitioners approaching Pakistani courts seeking interim measures and enforcement of arbitration agreements and arbitral awards. In addition, both domestic and foreign businessmen will discover clear paths to well-informed decisions on investment and commercial issues involving Pakistan.

Principles of Mahomedan Law

Author : Dinshah Fardunji Mulla
Publisher : Legare Street Press
ISBN 13 : 9781016511506
Total Pages : 0 pages
Book Rating : 4.5/5 (115 download)

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Book Synopsis Principles of Mahomedan Law by : Dinshah Fardunji Mulla

Download or read book Principles of Mahomedan Law written by Dinshah Fardunji Mulla and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Dynamics of Judicial Independence

Author : Lorne Neudorf
Publisher : Springer
ISBN 13 : 3319498843
Total Pages : 251 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Dynamics of Judicial Independence by : Lorne Neudorf

Download or read book The Dynamics of Judicial Independence written by Lorne Neudorf and published by Springer. This book was released on 2017-02-22 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

Power Wars

Author : Charlie Savage
Publisher : Little, Brown
ISBN 13 : 0316286605
Total Pages : 1161 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Power Wars by : Charlie Savage

Download or read book Power Wars written by Charlie Savage and published by Little, Brown. This book was released on 2015-11-03 with total page 1161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state. Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.

Transnational Legal Activism in Global Value Chains

Author : Miriam Saage-Maaß
Publisher :
ISBN 13 : 9783030738365
Total Pages : 0 pages
Book Rating : 4.7/5 (383 download)

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Book Synopsis Transnational Legal Activism in Global Value Chains by : Miriam Saage-Maaß

Download or read book Transnational Legal Activism in Global Value Chains written by Miriam Saage-Maaß and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book documents and analyses the various interventions - legal, political, and even artistic - that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism. .

Islamic Law

Author : Ahmad Atif Ahmad
Publisher : Bloomsbury Publishing
ISBN 13 : 1474274528
Total Pages : 224 pages
Book Rating : 4.4/5 (742 download)

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Book Synopsis Islamic Law by : Ahmad Atif Ahmad

Download or read book Islamic Law written by Ahmad Atif Ahmad and published by Bloomsbury Publishing. This book was released on 2017-10-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing undergraduate students to Islamic law, this accessible textbook does not presume legal or technical knowledge. Drawing on a comparative approach, it encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.

Guide to Foreign and International Legal Citations

Author :
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Guide to Foreign and International Legal Citations by :

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

Muslim Family Law

Author : Hodkinson
Publisher : Routledge
ISBN 13 : 9780709912569
Total Pages : 401 pages
Book Rating : 4.9/5 (125 download)

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Book Synopsis Muslim Family Law by : Hodkinson

Download or read book Muslim Family Law written by Hodkinson and published by Routledge. This book was released on 1984 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author : Tilmann Röder (J.)
Publisher : Oxford University Press
ISBN 13 : 019975988X
Total Pages : 755 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Constitutionalism in Islamic Countries: Between Upheaval and Continuity by : Tilmann Röder (J.)

Download or read book Constitutionalism in Islamic Countries: Between Upheaval and Continuity written by Tilmann Röder (J.) and published by Oxford University Press. This book was released on 2012-02-16 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."

Religion, Extremism and Violence in South Asia

Author : Imran Ahmed
Publisher : Springer Nature
ISBN 13 : 9811668477
Total Pages : 249 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Religion, Extremism and Violence in South Asia by : Imran Ahmed

Download or read book Religion, Extremism and Violence in South Asia written by Imran Ahmed and published by Springer Nature. This book was released on 2022-02-04 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds light on religiously motivated extremism and violence in South Asia, a phenomenon which ostensibly poses critical and unique challenges to the peace, security and governance not only of the region, but also of the world at large. The book is distinctive in-so-far as it reexamines conventional wisdom held about religious extremism in South Asia and departs from the literature which centres its analyses on Islamic militancy based on the questions and assumptions of the West’s ‘war on terror’. This volume also offers a comprehensive analysis of new extremist movements and how their emergence and success places existing theoretical frameworks in the study of religious extremism into question. It further examines topical issues including the study of social media and its impact on the evolution and operation of violent extremism. The book also analyses grassroots and innovative non-state initiatives aimed to counter extremist ideologies. Through case studies focusing on Bangladesh, India, Pakistan and Sri Lanka, this collection examines extremist materials, methods of political mobilisation and recruitment processes and maps the interconnected nature of sociological change with the ideological transformations of extremist movements.

The Application of Islamic Criminal Law in Pakistan

Author : Tahir Wasti
Publisher : BRILL
ISBN 13 : 9004172254
Total Pages : 429 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Application of Islamic Criminal Law in Pakistan by : Tahir Wasti

Download or read book The Application of Islamic Criminal Law in Pakistan written by Tahir Wasti and published by BRILL. This book was released on 2009 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.

Unstable Constitutionalism

Author : Mark Tushnet
Publisher : Cambridge University Press
ISBN 13 : 1107068959
Total Pages : 415 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Unstable Constitutionalism by : Mark Tushnet

Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Pakistan Under Siege

Author : Madiha Afzal
Publisher : Brookings Institution Press
ISBN 13 : 0815729464
Total Pages : 159 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Pakistan Under Siege by : Madiha Afzal

Download or read book Pakistan Under Siege written by Madiha Afzal and published by Brookings Institution Press. This book was released on 2018-01-02 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last fifteen years, Pakistan has come to be defined exclusively in terms of its struggle with terror. But are ordinary Pakistanis extremists? And what explains how Pakistanis think? Much of the current work on extremism in Pakistan tends to study extremist trends in the country from a detached position—a top-down security perspective, that renders a one-dimensional picture of what is at its heart a complex, richly textured country of 200 million people. In this book, using rigorous analysis of survey data, in-depth interviews in schools and universities in Pakistan, historical narrative reporting, and her own intuitive understanding of the country, Madiha Afzal gives the full picture of Pakistan’s relationship with extremism. The author lays out Pakistanis’ own views on terrorist groups, on jihad, on religious minorities and non-Muslims, on America, and on their place in the world. The views are not radical at first glance, but are riddled with conspiracy theories. Afzal explains how the two pillars that define the Pakistani state—Islam and a paranoia about India—have led to a regressive form of Islamization in Pakistan’s narratives, laws, and curricula. These, in turn, have shaped its citizens’ attitudes. Afzal traces this outlook to Pakistan’s unique and tortured birth. She examines the rhetoric and the strategic actions of three actors in Pakistani politics—the military, the civilian governments, and the Islamist parties—and their relationships with militant groups. She shows how regressive Pakistani laws instituted in the 1980s worsened citizen attitudes and led to vigilante and mob violence. The author also explains that the educational regime has become a vital element in shaping citizens’ thinking. How many years one attends school, whether the school is public, private, or a madrassa, and what curricula is followed all affect Pakistanis’ attitudes about terrorism and the rest of the world. In the end, Afzal suggests how this beleaguered nation—one with seemingly insurmountable problems in governance and education—can change course.