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 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 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.
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 2005-12-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the judiciary in the Islamisation of Pakistan’s legal system has not received much attention by legal scholars. This book aims to fill this gap. Starting in 1947, it 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. The first part examines the emergence of Islamic arguments in the period up to 1977 when General Zia ul Haq embarked on an ambitious project to turn Pakistan into a truly Islamic state. In these early years of Pakistan judges increasingly turned to Islam as a source of law to preserve judicial independence and to protect the country’s faltering democracy. The second part examines in detail the features and effects of Zia’s Islamisation programme especially the workings of the newly created Federal Shariat Court. The third part reviews the legal developments in the post-Zia period when the judicial gates of Islamization which were first wide opened, have gradually been closed by a series of landmark decisions. What emerges from this analysis is an image of Islam as a source of law which is rich, complex and varied. Depending on the judge and the court, Islam was applied to varying effects ranging from liberal to extremely conservative attitudes. However, they share a common feature, namely that the role of Islam in the legal system of Pakistan is to a large degree determined by its higher judiciary.
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 278 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.
Download or read book Understanding the Informal Justice System written by Naveed Ahmad Shinwari and published by . This book was released on 2015 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution of Pakistan written by Sadaf Aziz and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a contextual account of Pakistan's constitutional laws and history. It aims to describe the formal structure of government in reference to origins that are traced to the administrative centralisation and legal innovations of colonial rule. It also situates the tide of Muslim nationalism that gave rise to the nation of Pakistan within a terrain of nascent constitutionalism and its associated promises of representation. The post-colonial history of the Pakistani state is charted by reference to succeeding constitutions and the distribution of powers between the major branches of government that they augured. Where conventional histories often suggest that constitutionalism in Pakistan is to be solely understood by reference to a cycle of abidance and rupture, and in the oscillation between military and civilian rule, this volume also accounts for the many points of continuity between regime types. The contours of a broader constitutionalism come to light in the ways in which state power is wielded at different periods and in the range of contests – economic, political and cultural – through which some of this power is sought to be dispersed. Chapters on Rights, Federalism and Islam detail the contextual features of some of these contests and the normative, legal parameters through which they are provisionally settled.
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 Human Rights in Pakistan written by M. G. Chitkara and published by APH Publishing. This book was released on 1997 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The All Pakistan Legal Decisions written by and published by . This book was released on 1990 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Containing cases decided by the Federal Court, Privy Council, High Courts of Dacca, Lahore and Baghdad-ul-Jadid, Azad Jammu and Kashmir, Chief Court of Sind, Judicial Commissioner's Courts--Baluchistan and Peshawar, and revenue decisions Punjab" (varies).
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 Destroying Legality written by Human Rights Watch (Organization) and published by . This book was released on 2007 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courting Constitutionalism written by Moeen Cheema and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pakistan's legal and judicial histories are often written through the lens of constitutional law and read like speculative lines connecting the dots between notable cases and major crises. While these constitutional cases and crises are important, an exclusive focus on this domain of judicial action obscures the more significant and consistent developments that have taken place in the sphere of 'administrative' law. It is through the development of the judicial review of administrative action, even under military rule, that Pakistan's superior courts progressively carved an expansive institutional role for themselves"--
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 251 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.
Download or read book No Exit from Pakistan written by Daniel S. Markey and published by Cambridge University Press. This book was released on 2013-10-07 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the story of the tragic and often tormented relationship between the United States and Pakistan. Pakistan's internal troubles have already threatened U.S. security and international peace, and Pakistan's rapidly growing population, nuclear arsenal, and relationships with China and India will continue to force it upon America's geostrategic map in new and important ways over the coming decades. This book explores the main trends in Pakistani society that will help determine its future; traces the wellsprings of Pakistani anti-American sentiment through the history of U.S.-Pakistan relations from 1947 to 2001; assesses how Washington made and implemented policies regarding Pakistan since the terrorist attacks on the United States on September 11, 2001; and analyzes how regional dynamics, especially the rise of China, will likely shape U.S.-Pakistan relations. It concludes with three options for future U.S. strategy, described as defensive insulation, military-first cooperation, and comprehensive cooperation. The book explains how Washington can prepare for the worst, aim for the best, and avoid past mistakes.
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 Pakistan written by Anatol Lieven and published by PublicAffairs. This book was released on 2012-03-06 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade Pakistan has become a country of immense importance to its region, the United States, and the world. With almost 200 million people, a 500,000-man army, nuclear weapons, and a large diaspora in Britain and North America, Pakistan is central to the hopes of jihadis and the fears of their enemies. Yet the greatest short-term threat to Pakistan is not Islamist insurgency as such, but the actions of the United States, and the greatest longterm threat is ecological change. Anatol Lieven's book is a magisterial investigation of this highly complex and often poorly understood country. Engagingly written, combining history and profound analysis with reportage from Lieven's extensive travels as a journalist and academic, Pakistan: A Hard Country is both utterly compelling and deeply revealing.
