Download or read book Effect of British Colonization on Pakistan s Legal System written by Ayesha Majid and published by . This book was released on 2017-03-30 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: A booklet reviewing the creation of common law its evolution in its motherland. followed by how it came to the part of land that is now known as Pakistan and how common law is embedded in Pakistani Jurisprudence presently focusing on corporate law and tax law.
Download or read book Bills of Rights and Decolonization written by Charles Parkinson and published by Oxford University Press. This book was released on 2007-11-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
Download or read book Pakistan s Experience with Formal Law written by Osama Siddique and published by Cambridge University Press. This book was released on 2013-06-20 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.
Download or read book Biopolitics of the More Than Human written by Joseph Pugliese and published by Duke University Press. This book was released on 2020-10-23 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Biopolitics of the More-Than-Human Joseph Pugliese examines the concept of the biopolitical through a nonanthropocentric lens, arguing that more-than-human entities—from soil and orchards to animals and water—are actors and agents in their own right with legitimate claims to justice. Examining occupied Palestine, Guantánamo, and sites of US drone strikes in Afghanistan, Pakistan, Somalia, and Yemen, Pugliese challenges notions of human exceptionalism by arguing that more-than-human victims of war and colonialism are entangled with and subject to the same violent biopolitical regimes as humans. He also draws on Indigenous epistemologies that invest more-than-human entities with judicial standing to argue for an ethico-legal framework that will enable the realization of ecological justice. Bringing the more-than-human world into the purview of justice, Pugliese makes visible the ecological effects of human war that would otherwise remain outside the domains of biopolitics and law.
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 Pakistan s Experience with Formal Law written by Osama Siddique and published by Cambridge University Press. This book was released on 2013-06-20 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law reform in Pakistan attracts such disparate champions as the Chief Justice of Pakistan, the USAID and the Taliban. Common to their equally obsessive pursuit of 'speedy justice' is a remarkable obliviousness to the historical, institutional and sociological factors that alienate Pakistanis from their formal legal system. This pioneering book highlights vital and widely neglected linkages between the 'narratives of colonial displacement' resonant in the literature on South Asia's encounter with colonial law and the region's postcolonial official law reform discourses. Against this backdrop, it presents a typology of Pakistani approaches to law reform and critically evaluates the IFI-funded single-minded pursuit of 'efficiency' during the last decade. Employing diverse methodologies, it proceeds to provide empirical support for a widening chasm between popular, at times violently expressed, aspirations for justice and democratically deficient reform designed in distant IFI headquarters that is entrusted to the exclusive and unaccountable Pakistani 'reform club'.
Download or read book This Alien Legacy written by Alok Gupta and published by . This book was released on 2008 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: "More than 80 countries around the world still make consensual homosexual sex between adults a crime. More than half have these laws because they used to be British colonies. This report describes the strange afterlife of a colonial legacy. In 1860, British colonizers introduced a new criminal code to occupied India. Section 377 of the code prohibited 'carnal intercourse against the order of nature.' Versions of this Victorian law spread across the British empire. They were imposed to control the colonies, put in place because imperial masters believed that 'native' morals needed 'reform.' They are still in force from Botswana to Bangladesh, from Nigeria to Papua New Guinea, even though the United Nations and international law condemns them. These laws invade privacy and create inequality. They condemn people to outlaw status because of how they look or whom they love. They are used to discredit enemies and destroy careers. They can incite violence and excuse murder. They hand police and others the power to arrest, blackmail and abuse. Today, as a court case in India tries to elimate the original Section 377's repressive force, this report documents their dangerous effects. These holdouts of the British Empire have outlived their time"--Page 4 of cover.
Download or read book British Colonialism and the Criminalization of Homosexuality written by Enze Han and published by Routledge. This book was released on 2018-05-03 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: British Colonialism and the Criminalization of Homosexuality examines whether colonial rule is responsible for the historical, and continuing, criminalization of same-sex sexual relations in many parts of the world. Enze Han and Joseph O’Mahoney gather and assess historical evidence to demonstrate the different ways in which the British empire spread laws criminalizing homosexual conduct amongst its colonies. Evidence includes case studies of former British colonies and the common law and criminal codes like the Indian Penal Code of 1860 and the Queensland Criminal Code of 1899. Surveying a wide range of countries, the authors scrutinise whether ex-British colonies are more likely to have laws that criminalize homosexual conduct than other ex-colonies or other states in general They interrogate the claim that British imperialism uniquely ‘poisoned’ societies against homosexuality, and look at the legacies of colonialism and the politics and legal status of homosexuality across the globe.
Download or read book Muslim Family Law written by Hodkinson and published by Routledge. This book was released on 1984 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Colonialism and Postcolonial Development written by James Mahoney and published by Cambridge University Press. This book was released on 2010-02-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this comparative-historical analysis of Spanish America, Mahoney offers a new theory of colonialism and postcolonial development. He explores why certain kinds of societies are subject to certain kinds of colonialism and why these forms of colonialism give rise to countries with differing levels of economic prosperity and social well-being. Mahoney contends that differences in the extent of colonialism are best explained by the potentially evolving fit between the institutions of the colonizing nation and those of the colonized society. Moreover, he shows how institutions forged under colonialism bring countries to relative levels of development that may prove remarkably enduring in the postcolonial period. The argument is sure to stir discussion and debate, both among experts on Spanish America who believe that development is not tightly bound by the colonial past, and among scholars of colonialism who suggest that the institutional identity of the colonizing nation is of little consequence.
Download or read book Law and Finance written by Thorsten Beck and published by World Bank Publications. This book was released on 2002 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: New research suggests that cross-country differences in legal origin help explain differences in financial development. This paper empirically assesses two theories of why legal origin influences financial development. First, the political' channel stresses that (i) legal traditions differ in the priority they give to the rights of individual investors vis- ...-vis the state and (ii) this has repercussions for the development of property rights and financial markets. Second, the adaptability' channel holds that (i) legal traditions differ in their ability to adjust to changing commercial circumstances and (ii) legal systems that adapt quickly to minimize the gap between the contracting needs of the economy and the legal system's capabilities will foster financial development more effectively than would more rigid legal traditions. We use historical comparisons and cross-country regressions to assess the validity of these two channels. We find that legal origin matters for financial development because legal traditions differ in their ability to adapt efficiently to evolving economic conditions.
Download or read book The Islamization of the Law in Pakistan RLE Politics of Islam written by Rubya Mehdi and published by Routledge. This book was released on 2013-06-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a detailed, critical study of the reforms which have been made in recent years to the law in the State of Pakistan with the ostensible objective of bringing it into accord with the requirements of Islam. Special emphasis is given to the period from 1977 when General Zia ul Haque adopted a period of Islamization. This is a field of investigation of considerable importance both for the advancement of legal and political theory and for practical purposes, especially as regards human rights. The author, trained both in Pakistan law and the concepts and practice of Islamic law, has been able to advance significantly our understanding of the doctrinal developments documented in this book. First published in 1994.
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 A History of Bangladesh written by Willem van Schendel and published by Cambridge University Press. This book was released on 2020-07-02 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bangladesh did not exist as an independent state until 1971. Willem van Schendel's state-of-the-art history navigates the extraordinary twists and turns that created modern Bangladesh through ecological disaster, colonialism, partition, a war of independence and cultural renewal. In this revised and updated edition, Van Schendel offers a fascinating and highly readable account of life in Bangladesh over the last two millennia. Based on the latest academic research and covering the numerous historical developments of the 2010s, he provides an eloquent introduction to a fascinating country and its resilient and inventive people. A perfect survey for travellers, expats, students and scholars alike.
Download or read book Constitution making in Asia written by H. Kumarasingham and published by Routledge. This book was released on 2016-03-31 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
Download or read book Law s Fragile State written by Mark Fathi Massoud and published by Cambridge University Press. This book was released on 2013-05-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.
