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Author : Mian Dilawar Mahmood
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Judiciary and Politics in Pakistan written by Mian Dilawar Mahmood and published by . This book was released on 1992 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Paula R. Newberg
Publisher : Cambridge University Press
ISBN 13 : 9780521894401
Total Pages : 304 pages
Book Rating : 4.8/5 (944 download)
Download or read book Judging the State written by Paula R. Newberg and published by Cambridge University Press. This book was released on 2002-05-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political history of Pakistan is characterised by incomplete constitution-making, a process which has placed the burden of constitutional interpretation on state instruments ranging from the bureaucracy to the military to the judiciary. In a penetrating and original study of the relationship between state and civil society in Pakistan, Paula Newberg demonstrates how the courts have influenced constitutional development and the structure of the state. By examining judicial decisions, particularly those made at times of political crisis, she considers how tensions within the judiciary, and between courts and other state institutions, have affected the ways political society views itself, and explores the consequences of these debates for the formal organisation of political power.
Author : Waris Husain
Publisher : Routledge
ISBN 13 : 1351190091
Total Pages : 190 pages
Book Rating : 4.3/5 (511 download)
Download or read book The Judicialization of Politics in Pakistan written by Waris Husain and published by Routledge. This book was released on 2018-03-28 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament’s laws and the Prime Minister’s acts. This hyper-activism was on display during the Supreme Court’s unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court’s practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court’s decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States’ and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court’s overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan’s recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States’ to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.
Author : Muhammad Azeem
Publisher : Springer
ISBN 13 : 9811038457
Total Pages : 278 pages
Book Rating : 4.8/5 (11 download)
Download or read book Law, State and Inequality in Pakistan written by Muhammad Azeem and published by Springer. This book was released on 2017-07-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the ‘corrupt politicians and stubborn bureaucracies’ in the World Bank’s ‘Good Governance’ paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book’s core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored ‘rule of law’ judicial reforms.
Author : Mark Tushnet
Publisher : Cambridge University Press
ISBN 13 : 1107068959
Total Pages : 415 pages
Book Rating : 4.1/5 (7 download)
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.
Author : Janmohammed Dawood
Publisher :
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Role of Superior Judiciary in the Politics of Pakistan written by Janmohammed Dawood and published by . This book was released on 1994 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Moeen Cheema
Publisher : Cambridge University Press
ISBN 13 : 1108831885
Total Pages : 289 pages
Book Rating : 4.1/5 (88 download)
Download or read book Courting Constitutionalism written by Moeen Cheema and published by Cambridge University Press. This book was released on 2021-12-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author : Yasser Kureshi
Publisher : Cambridge University Press
ISBN 13 : 1009035878
Total Pages : 309 pages
Book Rating : 4.0/5 (9 download)
Download or read book Seeking Supremacy written by Yasser Kureshi and published by Cambridge University Press. This book was released on 2022-09-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.
Author : Mariam Mufti
Publisher : Georgetown University Press
ISBN 13 : 1626167710
Total Pages : 336 pages
Book Rating : 4.6/5 (261 download)
Download or read book Pakistan's Political Parties written by Mariam Mufti and published by Georgetown University Press. This book was released on 2020-05-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pakistan’s 2018 general elections marked the second successful transfer of power from one elected civilian government to another—a remarkable achievement considering the country’s history of dictatorial rule. Pakistan’s Political Parties examines how the civilian side of the state’s current regime has survived the transition to democracy, providing critical insight into the evolution of political parties in Pakistan and their role in developing democracies in general. Pakistan’s numerous political parties span the ideological spectrum, as well as represent diverse regional, ethnic, and religious constituencies. The essays in this volume explore the way in which these parties both contend and work with Pakistan’s military-bureaucratic establishment to assert and expand their power. Researchers use interviews, surveys, data, and ethnography to illuminate the internal dynamics and motivations of these groups and the mechanisms through which they create policy and influence state and society. Pakistan’s Political Parties is a one-of-a-kind resource for diplomats, policymakers, journalists, and scholars searching for a comprehensive overview of Pakistan’s party system and its unlikely survival against an interventionist military, with insights that extend far beyond the region.
Author : Syed Sami Ahmad
Publisher :
ISBN 13 : 9789694074092
Total Pages : 352 pages
Book Rating : 4.0/5 (74 download)
Download or read book The Judiciary of Pakistan and Its Role in Political Crises written by Syed Sami Ahmad and published by . This book was released on 2012 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hamid Khan
Publisher :
ISBN 13 : 9789697342242
Total Pages : 0 pages
Book Rating : 4.3/5 (422 download)
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.
Author : Hamid Khan (Lawyer)
Publisher :
ISBN 13 : 9780199068609
Total Pages : 0 pages
Book Rating : 4.0/5 (686 download)
Download or read book A History of the Judiciary in Pakistan written by Hamid Khan (Lawyer) and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the major organs of the state, the judiciary in Pakistan attained a particularly high profile in recent years owing to former President Musharraf's attempt to remove the Chief Justice of Pakistan and the latter's eventual restoration to office. The exercise of suo moto jurisdiction bythe Supreme Court in the matter of enforcement of fundamental rights further enhanced interest in the judiciary, which became a focal point for popular aspirations.This book undertakes a comprehensive study of judicial history in Pakistan since Independence. It includes detailed discussion of the acts, lives and judgments of important Pakistani judges, with their continuing effects on the life of the nation.Lawyers, judges and law professors and students of law, political science and history will find this book of particular value, as will the general reader.
Author : Melissa Crouch
Publisher : Cambridge University Press
ISBN 13 : 1108493467
Total Pages : 449 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2019-09-19 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
Author : Martin Lau
Publisher : BRILL
ISBN 13 : 9004149279
Total Pages : 258 pages
Book Rating : 4.0/5 (41 download)
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.
Author : Theodore Lewis Becker
Publisher : Chicago : Rand McNally
ISBN 13 :
Total Pages : 438 pages
Book Rating : 4.3/5 (91 download)
Download or read book Comparative Judicial Politics written by Theodore Lewis Becker and published by Chicago : Rand McNally. This book was released on 1970 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen Breyer
Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.6/5 (742 download)
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author : Osama Siddique
Publisher : Cambridge University Press
ISBN 13 : 1107038154
Total Pages : 489 pages
Book Rating : 4.1/5 (7 download)
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.
