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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 : 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 : Waris Husain
Publisher : Routledge
ISBN 13 : 1351190091
Total Pages : 195 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 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.
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 : 289 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 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.
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 : 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 : Nighat Noureen
Publisher : LAP Lambert Academic Publishing
ISBN 13 : 9783846502884
Total Pages : 520 pages
Book Rating : 4.5/5 (28 download)
Download or read book The Role of Judiciary in Democratization (A Case Study of Pakistan) written by Nighat Noureen and published by LAP Lambert Academic Publishing. This book was released on 2012-02 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work attempts to understand the role & impact of judiciary in Pakistan Politics. The study provides an insight to the understanding of the legal cases in which the imposition of martial laws and dissolution of assemblies has been challenged before judiciary in Pakistan. The aforesaid judgments of the superior courts have played a decisive role in setting the political history of Pakistan towards democracy. This book, therefore, provides a clear picture of the role of judiciary along with the challenges faced by her in political development and democracy of Pakistan.
Author : Lorne Neudorf
Publisher : Springer
ISBN 13 : 3319498843
Total Pages : 262 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 262 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 : 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 : Mohammed Asif
Publisher : LAP Lambert Academic Publishing
ISBN 13 : 9783659418587
Total Pages : 76 pages
Book Rating : 4.4/5 (185 download)
Download or read book Corruption in the Scale of Justice written by Mohammed Asif and published by LAP Lambert Academic Publishing. This book was released on 2013 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: The judiciary in Pakistan plays an important role as a guardian of the constitution.The apex cou rts also legalized the four military regimes. The judges used "the Doctrine of Necessity" for this legitimacy. I observed the role of army and the superior courts in the politics of this country and developed keen interests in understanding the constitutional position of the judiciary. In the meanwhile, corruption in the lower courts continue to increase. .As a student in Brock University, Canada, Dr. Carl Baar became source my inspiration for deeper understanding of judicial systems. While I was working in the Provincial Court of Criminal Division, Toronto and the legal reforms project for Access to Justice System in Pakistan that enticed me to write this book. My association with my former students, (Mr. Justice Tusaddaq Hussain Gillani and Mr. justice Jawad Khawaja, Mr. justice Najam-ul- Hassan Sheikh, Mr. justice Abdul Sattar Asghar, has given me a rewarding opportunity of educating myself about the judicial system of this country..Most importantly, I cannot miss thanking my family members for their patience about my academic movements as a gypsy professor.
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 : M. A. Mannan
Publisher :
ISBN 13 :
Total Pages : 510 pages
Book Rating : 4.F/5 ( download)
Download or read book The Superior Courts of Pakistan written by M. A. Mannan and published by . This book was released on 1973 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Nauman Reayat
Publisher : LAP Lambert Academic Publishing
ISBN 13 : 9783659786846
Total Pages : 168 pages
Book Rating : 4.7/5 (868 download)
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.
Author : Inam R. Sehri
Publisher :
ISBN 13 : 9781781482049
Total Pages : 368 pages
Book Rating : 4.4/5 (82 download)
Download or read book Judges and Generals in Pakistan written by Inam R. Sehri and published by . This book was released on 2013-07 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the third volume of 'Judges & Generals in Pakistan' by Inam R Sehri which mainly covers period from 2008-10 of contemporary history of that country. The book is a record of critical evaluation on Pakistan's day to day deliberations from its army and superior judiciary in comparison with mega-corruption scandals of Pakistan's political elite. No misleading intelligence story, no distracting investigative report and no concocted interview; everything is trustworthy - supported by exact references of source. No fiction in this book but simple narration of facts. Author's previous two volumes on the subject have already been placed as reference books and its excerpts are quoted in higher courts in Pakistan.
