Pakistan's Experience with Formal Law

Pakistan's Experience with Formal Law
Author: Osama Siddique
Publisher: Cambridge University Press
Total Pages: 489
Release: 2013-06-20
Genre: Law
ISBN: 1107038154

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This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.

An Alien Justice

An Alien Justice
Author: Osama Siddique
Publisher:
Total Pages: 633
Release: 2011
Genre: Justice, Administration of
ISBN:

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Pakistan's Experience with Formal Law

Pakistan's Experience with Formal Law
Author: Osama Siddique
Publisher: Cambridge University Press
Total Pages: 489
Release: 2013-06-20
Genre: Law
ISBN: 1107245214

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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'.

Law, State and Inequality in Pakistan

Law, State and Inequality in Pakistan
Author: Muhammad Azeem
Publisher: Springer
Total Pages: 289
Release: 2017-07-02
Genre: Law
ISBN: 9811038457

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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.

Courting Constitutionalism

Courting Constitutionalism
Author: Moeen Cheema
Publisher:
Total Pages:
Release: 2021
Genre: LAW
ISBN: 9781108927451

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"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"--

The All Pakistan Legal Decisions

The All Pakistan Legal Decisions
Author:
Publisher:
Total Pages: 672
Release: 1990
Genre: Law reports, digests, etc
ISBN:

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"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).

Seeking Supremacy

Seeking Supremacy
Author: Yasser Kureshi
Publisher: Cambridge University Press
Total Pages: 309
Release: 2022-09-15
Genre: Law
ISBN: 1009035878

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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.

The Role of Islam in the Legal System of Pakistan

The Role of Islam in the Legal System of Pakistan
Author: Martin Lau
Publisher: BRILL
Total Pages: 258
Release: 2006
Genre: Law
ISBN: 9004149279

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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.

The Judicialization of Politics in Pakistan

The Judicialization of Politics in Pakistan
Author: Waris Husain
Publisher: Routledge
Total Pages: 195
Release: 2018-03-28
Genre: Social Science
ISBN: 1351190091

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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.