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The Superior Courts Of Pakistan
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Book Synopsis Judging the State by : Paula R. Newberg
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.
Book Synopsis Courting Constitutionalism by : Moeen Cheema
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.
Book Synopsis The Judicialization of Politics in Pakistan by : Waris Husain
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 195 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.
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.
Book Synopsis Women Judges in the Muslim World by :
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.
Book Synopsis Courts and Democracies in Asia by : Po Jen Yap
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.
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.
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.
Download or read book Civil Appeals written by Michael Burton and published by Xpl Pub. This book was released on 2011-12-01 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
Download or read book A Judge Speaks Out written by Ajmal Mian and published by Oxford University Press, USA. This book was released on 2004 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Followed by the storming of the Supreme Court of Pakistan." "Landmark judgments that affect society and the culture of jurisprudence are discussed in detail. Describing some highly critical events in the history of our judiciary, Chief Justice Ajmal Mian shares with the reader his legal perspective on this to help dispel the mist of confusion surrounding the role of Judiciary in this country. Issues such as the separation of Judiciary from Executive; the Eighth Constitutional Ameendment; the Judges' Case; Contempt of Court proceedings against the Prime Minister and others; Imposition of Emergency; Anti-Terrorist Act; Military Courts; Making Fundamental Rights applicable to people of Northern Areas; and Freezing of Foreign Exchange Accounts complete this comprehensive account."--BOOK JACKET.
Book Synopsis Seeking Supremacy by : Yasser Kureshi
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.
Book Synopsis The Right to Development in International Law by : Khurshid Iqbal
Download or read book The Right to Development in International Law written by Khurshid Iqbal and published by Routledge. This book was released on 2009-09-10 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the right to development in international law. The volume draws on a range of relevant sources to analyze the legal status of international cooperation in contemporary international law, before going on to explore the domestic application of the right to development looking at the example of Pakistan.
Book Synopsis Pakistan's Political Parties by : Mariam Mufti
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.
Book Synopsis Baluchistan Code by : Baluchistan. Statistics
Download or read book Baluchistan Code written by Baluchistan. Statistics and published by . This book was released on 1914 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Religion, Human Rights and International Law by : Javaid Rehman
Download or read book Religion, Human Rights and International Law written by Javaid Rehman and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.
Book Synopsis Judges and Generals of Pakistan: Volume I by : Inam R Sehri
Download or read book Judges and Generals of Pakistan: Volume I written by Inam R Sehri and published by Grosvenor House Publishing. This book was released on 2012-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Judges & Generals in Pakistan - Volume I' by Inam R Sehri is a collection of mostly his published articles; explaining diverse scenarios. This book evaluates certain conflicting news, editorials, opinions and criticisms on historical issues. No misleading intelligence story, no distracting investigative report, no concocted interview and no feed from the 'concerned ones' yet everything seems innovative; no fiction in this book but simple narration of facts. 'It is the collection of tragedies and misgivings which are deliberately buried in suspicions and darkness since decades. I've simply dig them out, collated and placed together for those who want to keep a track of their past;' Sehri holds.
Book Synopsis Comprehensive Legal and Judicial Development by : Rudolf V. Van Puymbroeck
Download or read book Comprehensive Legal and Judicial Development written by Rudolf V. Van Puymbroeck and published by World Bank Publications. This book was released on 2001-01-01 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa (OHADA), Seydou Ba.
