Download or read book Constitutional Crisis and the Judiciary in Pakistan written by Abrar Hasan and published by . This book was released on 1991 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Constitutional crisis and the judiciary in Pakistan written by Abrar Hasan and published by . This book was released on 1991 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Crisis and the Judiciary in Pakistan written by Abrar Hasan and published by . This book was released on 1991 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emergency Powers and the Courts in India and Pakistan written by Imtiaz Omar and published by BRILL. This book was released on 2021-10-18 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental premise of this study is that where Constitutions, such as that of India and Pakistan, articulate legal norms which limit the scope of the executive power to derogate from individual rights during states of emergency, there must likewise exist an effective control mechanism to ensure that the Executive acts within the scope of that power. Viewed from this perspective, the judicial power to interpret the Constitution imposes upon the Court the constitutional duty to provide adequate safeguards against the abuse of state power affecting individual rights. This power remains available notwithstanding the presumed or purported ouster of judicial review. The concept of judicial review as a source of control is examined in the light of the experience of Pakistan and India during periods of constitutional emergency. The divergent approaches of the Courts in these countries, in litigation concerning emergency powers and individual rights, are explained in terms of divergent views that these Courts have adopted with respect to the nature of judicial review.
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 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.
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.
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.
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:
Download or read book Pakistan Constitutional Crisis written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Articles Speeches on Constitution Law and Pakistan Affairs written by Nasim Hasan Shah and published by . This book was released on 1986 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Author Deals With The Dismissal Of The First Constitent Assembly Of Pakistan In 1954 And The Constitutional Problems Arising Therefrom; The Breakdown Of 3 Successive Constitutions And Imposition Of Martial Law And Its Stresses And Strains Particularly On The Judiciary, The Legal System Of Pakistan And Its Future. Original Binding, Dustjacket Missing, Photograph Of The Author On Frontispiece, Number Of Photographic Illustrations In B&W, Text Clean, Condition Good.
Download or read book Reforming the Judiciary in Pakistan written by International Crisis Group and published by . This book was released on 2008 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Return to civilian rule in Pakistan offers an opportunity to restore the rule of law and to reverse state-driven Islamisation, which has empowered Islamist radicals at the cost of the moderate majority. Reforming the Judiciary in Pakistan, the latest report from the International Crisis Group, examines the legacy of military rule that has seen superior courts unwilling to uphold fundamental freedoms. Motivated by self-preservation and self-interest, Pakistan's superior judiciary has not just failed to oppose Islamic legislation that violates fundamental rights but has also repeatedly failed to uphold the constitution. 'The military's politically motivated constitutional and legal changes that have radicalised swathes of Pakistani society must be reversed,' says Samina Ahmed, Crisis Group's South Asia Project Director. 'The government must respect judicial independence, and the judicial arm of the state must live up to its responsibility to protect and preserve the constitution.' In March the Pakistan People's Party (PPP) and Pakistan Muslim League-Nawaz (PML-N), then coalition partners, released scores of political detainees, including lawyers and judges arrested during Pervez Musharraf's 2007 martial law. They pledged to enforce human rights, and restore constitutionalism, the rule of law and judicial independence. Before the coalition collapsed, the PPP had put together a proposed constitutional package, aimed at generating a public and parliamentary debate on constitutional reform. While the proposals included useful suggestions on strengthening parliament's role and undoing the military's constitutional manipulations, some proposed measures could undermine democratic reform, including judicial independence. The PPP should introduce a constitutional amendment package that focuses on judicial reform. The government's democratic credentials and the country's political stability would also be best served with the ruling and opposition parties reaching agreement in parliament on repealing discriminatory religious laws that restrict fundamental rights, fuel extremism and destabilise the country. The international community should avail itself of the opportunity the new democratic government presents. By unconditionally supporting Musharraf's military regime in the belief that this relationship would deliver counter-terrorism dividends, the international community had shied away from supporting democratic reform. 'As the regional implications of Pakistan's religious laws become more tangible, so have the costs of international inaction.' warns Robert Templer, Crisis Group's Asia Program Director. 'The international community could help reverse the tide of radicalism in Pakistan if it fully supports a sustained democratic transition.'"--Publisher description.
Download or read book The Constitutional Crisis in Pakistan 1954 55 written by Alan Gledhill and published by . This book was released on 1955 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judiciary Under the Constitution written by Nurul Hasan and published by . This book was released on 1964 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
