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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 : 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 : Moeen Cheema
Publisher : Cambridge University Press
ISBN 13 : 1108934218
Total Pages : 289 pages
Book Rating : 4.1/5 (89 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: Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft was long in the making. This book presents a deeply contextualised account of law in Pakistan and situates the judicial review jurisprudence of the superior courts in the context of historical developments in constitutional politics, evolution of state structures and broader social transformations. This book highlights that the bedrock of judicial review has remained in administrative law; it is through the consistent development of the 'Writ jurisdiction' and the judicial review of administrative action that Pakistan's superior courts have progressively carved an expansive institutional role and aggrandised themselves to the status of the regulator of the state.
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 : 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 : 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 : 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 : 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 : Lorne Neudorf
Publisher : Springer
ISBN 13 : 3319498843
Total Pages : 251 pages
Book Rating : 4.3/5 (194 download)
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.
Author : Martin Lau
Publisher : BRILL
ISBN 13 : 9047417178
Total Pages : 258 pages
Book Rating : 4.0/5 (474 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 2005-12-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the judiciary in the Islamisation of Pakistan’s legal system has not received much attention by legal scholars. This book aims to fill this gap. Starting in 1947, it 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. The first part examines the emergence of Islamic arguments in the period up to 1977 when General Zia ul Haq embarked on an ambitious project to turn Pakistan into a truly Islamic state. In these early years of Pakistan judges increasingly turned to Islam as a source of law to preserve judicial independence and to protect the country’s faltering democracy. The second part examines in detail the features and effects of Zia’s Islamisation programme especially the workings of the newly created Federal Shariat Court. The third part reviews the legal developments in the post-Zia period when the judicial gates of Islamization which were first wide opened, have gradually been closed by a series of landmark decisions. What emerges from this analysis is an image of Islam as a source of law which is rich, complex and varied. Depending on the judge and the court, Islam was applied to varying effects ranging from liberal to extremely conservative attitudes. However, they share a common feature, namely that the role of Islam in the legal system of Pakistan is to a large degree determined by its higher judiciary.
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 (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 : 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 :
Publisher : BRILL
ISBN 13 : 9004342206
Total Pages : 346 pages
Book Rating : 4.0/5 (43 download)
Download or read book Women Judges in the Muslim World written by and published by BRILL. This book was released on 2017-03-20 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women Judges in the Muslim World: A Comparative Study of Discourse and Practice offers a socio-legal account of public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries.
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 : Po Jen Yap
Publisher : Cambridge University Press
ISBN 13 : 1107192625
Total Pages : 251 pages
Book Rating : 4.1/5 (71 download)
Download or read book Courts and Democracies in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2017-09-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.
Author : Hamid Khan
Publisher : Oxford University Press, USA
ISBN 13 : 9780199407828
Total Pages : 902 pages
Book Rating : 4.4/5 (78 download)
Download or read book Constitutional and Political History of Pakistan written by Hamid Khan and published by Oxford University Press, USA. This book was released on 2020-04-05 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been seven decades since the independent state of Pakistan was carved out of British India, yet the country is still in pursuit of a suitable constitutional framework. Over this period of time, no other country has experimented with so many different constitutional forms, from parliamentary democracy to presidential form of government, to outright military regimes. This book analyses constitutional development in Pakistan from its inception to present times. It provides a case-by-case account of constitution-making in Pakistan, with the inclusion of all pertinent documentation. Constitutional developments have been explained in the context of social and political events that shaped them. The book focuses on constitutional and political history, and constitutional development concurrently. It includes a liberal humanitarian reading of the travails of lawmakers and the role of generals, judges, politicians, and bureaucrats in the implementation of law. Students of law, political science, and history, as well as lawyers, judges, and professors will find this book of particular value. Being grounded in a socio-political context, this book is also of interest to the general reader. The third edition is updated to cover the constitutional and political developments up until 2013.
