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Politics Of Judicial Activism And Good Governance In Pakistan
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Book Synopsis Politics Of Judicial Activism And Good Governance In Pakistan by : Nauman Reayat
Download or read book Politics Of Judicial Activism And Good Governance In Pakistan written by Nauman Reayat and published by LAP Lambert Academic Publishing. This book was released on 2015-09-28 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court of Pakistan(SCP) is one of the pillars of Government of Pakistan, which is not only a player in the game of governance but also has the capacity to rewrite the rules of the game of governance in favor of institutionalization. Erstwhile submissive and passive Supreme Court of Pakistan after the restoration of judges in March 2009, when attempted to rewrite the rules of the game, had attracted a blend of criticism and popular appreciation. Through its assertive stance at various stages, SCP inter alia took many steps to put the vehicle of governance on the path of rules and secured institutionalization to the best possible extent. All contents of institutionalization: stability, coherence, complexity, adaptability had been secured. Various organizations of the state started organizing themselves around rules and hence gave rise to an institutionalized form of constitutional governance. The research aims to inquire the nature and form of institutional role of Supreme Court of Pakistan in the game of governance from 2009 to 2012. Its a game-theoretic study from institutional perspective.
Book Synopsis Law, State and Inequality in Pakistan by : Muhammad Azeem
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 289 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.
Book Synopsis The Judiciary and Politics in Pakistan by : Mian Dilawar Mahmood
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:
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 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 Good Governance for Pakistan by : Ziaul Islam
Download or read book Good Governance for Pakistan written by Ziaul Islam and published by . This book was released on 2001 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Pakistan in Focus: Political Corruption at Its Peak: the Challenge for Judicial Activism by : Wazir Khan
Download or read book Pakistan in Focus: Political Corruption at Its Peak: the Challenge for Judicial Activism written by Wazir Khan and published by . This book was released on 2018-11-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 14 August 1947, Pakistan emerged as an Independent country for the Muslims of India as their separate homeland and on that day, with a sense of supreme satisfaction at the fulfillment of his mission, Quaid-i-Azam, spoke to his people in these words: "The foundations of your State have been laid and it is now for you to build and build as quickly and as well as you can".Pakistan was founded on the name of Islam by Quaid-i-Azam Muhammad Ali Jinnah. Accordingly, it was incumbent upon the governments of Pakistan to administer all the affairs of the State in accordance with the governance of the affairs of the first state founded on the name of Islam by our Prophet (SAW) in Madinah, which after the Prophet (SAW) was administered strictly in accordance with the Quran and Sunnah by Khulufa-Er-Rashidune, therefore objectives of the establishment of Pakistan must be traced from the history of Islamic Empire of the era of Khulufa-ur-Rashidune. Over, the years Pakistan governments, due to vested interests of it leaders, failed to implant Islamic law in its governance and consequently its polity remained in turbulence. Pakistan just reached its youth when it was dismembered as it lost its East Wing. Subsequent Pakistan went through different phases of its history and its polity remained in turbulence throughout with substantial increase in social evils and corruption and high level of domestic and foreign loans. By and large, governance of Pakistan had been against the fundamental principles of Islam and directly in conflict of the governance of Madinah state by Khulfa-Er-Rashidune. The Book consists of 11 Chapters. Chapter 1 consists of introduction. Chapter 2 to consists of Guideline From Khulufa-Er-Rashidune on Corruption-free Rule of Law. Chatper 3 consists of The Evils of Mushraf's 'NRO' And Supreme Court's Short Judgment On 'NRO' and includes: The National Reconciliation Ordinance (NRO); Supreme Court's Short Order On 'NRO'; and PPP Government's Conflict With The Judiciary. Chapter 4 consists of Inaction of The Then Prime Minister, Chief Of Army Staff And Chief Justice of Pakistan To Support 'SC's Short Judgment On 'NRO' Chapter 5 consists of Observation On SC's Detailed Judgment On 'NRO' And Failure of Government Institution To Enforce Judgement and includes: SC's Detailed Judgment On 'NRO'; Failure Of Government Institutions To Enforce Judgement; and Judicial Activism On 'NRO'. Chapter 6 consists of Political Corruption In The PPP Governments: (Between 1988 -2013). Chapter 7 consists of Political Corruption In The PML (N) Governments: (Between 1990 -2018). Chapter 8 consists of 2016 Panama Papers Leak and Its Aftermath Leading to The Disqualification of Nawaz Sharif'. Chapter 9 consists of Corruption Report For Pakistan As Published On Gan Anticorruption Portal Undated December 2017 and includes: Snap-short; Judicial System; Police; Public Services; Land Administration; Tax Administration; Customs Administration; Public Procurement; Civil Society; and Legislation. Chapter 10 consists of Impact of Judicial Activism on Political Corruption In Pakistan and includes: Panama Papers Leak; The CJP Deliberation On Judicial Activism; and Concluding Remarks. Chapter 11 consists of Summary and conclusion and rhe book is supported with Bibliography.
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 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 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.
Book Synopsis Democracy and Public Administration in Pakistan by : Amna Imam
Download or read book Democracy and Public Administration in Pakistan written by Amna Imam and published by CRC Press. This book was released on 2013-12-14 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of the grass roots public administrative institution of DC & DM in historical context for Pakistan, and its viability for a meaningful democracy and stability of the country. The authors contend that Pakistan‘s democracy to-date lacks firm foundation, as evidenced by the country‘s disintegration in 1971, violence and drugs in the 80s, crime infested communities in the 90s, terrorism in the 2000s, and the current volatile situation in Balochistan and FATA, as well as high crime rate and lacking sense of security among the communities of Pakistan.
Book Synopsis Judicial Activism in Bangladesh by : Ridwanul Hoque
Download or read book Judicial Activism in Bangladesh written by Ridwanul Hoque and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
Book Synopsis The Politics of Court Reform by : Melissa Crouch
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.
Book Synopsis Judicial Activism by : Christopher Wolfe
Download or read book Judicial Activism written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1997 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
Book Synopsis The Oxford Handbook of Comparative Politics by : Carles Boix
Download or read book The Oxford Handbook of Comparative Politics written by Carles Boix and published by Oxford Handbooks Online. This book was released on 2007 with total page 1035 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbooks of Political Science is a ten-volume set of reference books offering authoritative and engaging critical overviews of the state of political science. Each volume focuses on a particular part of the discipline, with volumes on Public Policy, Political Theory, Political Economy, Contextual Political Analysis, Comparative Politics, International Relations, Law and Politics, Political Behavior, Political Institutions, and Political Methodology. The project as a whole is under the General Editorship of Robert E. Goodin, with each volume being edited by a distinguished international group of specialists in their respective fields. The books set out not just to report on the discipline, but to shape it. The series will be an indispensable point of reference for anyone working in political science and adjacent disciplines. The Oxford Handbook of Comparative Politics offers a critical survey of the field of empirical political science through the collection of a set of chapters written by forty-seven top scholars in the discipline of comparative politics. Part I includes chapters surveying the key research methodologies employed in comparative politics (the comparative method; the use of history; the practice and status of case-study research; the contributions of field research) and assessing the possibility of constructing a science of comparative politics. Parts II to IV examine the foundations of political order: the origins of states and the extent to which they relate to war and to economic development; the sources of compliance or political obligation among citizens; democratic transitions, the role of civic culture; authoritarianism; revolutions; civil wars and contentious politics. Parts V and VI explore the mobilization, representation and coordination of political demands. Part V considers why parties emerge, the forms they take and the ways in which voters choose parties. It then includes chapters on collective action, social movements and political participation. Part VI opens up with essays on the mechanisms through which political demands are aggregated and coordinated. This sets the agenda to the systematic exploration of the workings and effects of particular institutions: electoral systems, federalism, legislative-executive relationships, the judiciary and bureaucracy. Finally, Part VII is organized around the burgeoning literature on macropolitical economy of the last two decades.
Book Synopsis Taking the State to Court by : Hans Dembowski
Download or read book Taking the State to Court written by Hans Dembowski and published by . This book was released on 2001 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: These case studies examine the extent to which public interest litigation makes inefficient and often corrupt government officials responsible to the general public.
Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile
Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.
