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Author : Osama Siddique
Publisher : Cambridge University Press
Page : 489 pages
File Size : 36,30 MB
Release : 2013-06-20
Category : Law
ISBN : 1107038154
This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.
Author : Osama Siddique
Publisher :
Page : 633 pages
File Size : 29,93 MB
Release : 2011
Category : Justice, Administration of
ISBN :
Author : Osama Siddique
Publisher : Cambridge University Press
Page : 489 pages
File Size : 21,37 MB
Release : 2013-06-20
Category : Law
ISBN : 1107245214
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'.
Author : Muhammad Azeem
Publisher : Springer
Page : 289 pages
File Size : 20,61 MB
Release : 2017-07-02
Category : Law
ISBN : 9811038457
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 : Naveed Ahmad Shinwari
Publisher :
Page : 253 pages
File Size : 15,66 MB
Release : 2015
Category :
ISBN : 9789699534126
Author : Moeen Cheema
Publisher : Cambridge University Press
Page : 289 pages
File Size : 41,3 MB
Release : 2021-12-16
Category : Law
ISBN : 1108831885
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author :
Publisher :
Page : 672 pages
File Size : 34,90 MB
Release : 1990
Category : Law reports, digests, etc
ISBN :
"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).
Author : Yasser Kureshi
Publisher : Cambridge University Press
Page : 309 pages
File Size : 14,84 MB
Release : 2022-09-15
Category : Law
ISBN : 1009035878
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 : Martin Lau
Publisher : BRILL
Page : 258 pages
File Size : 42,99 MB
Release : 2006
Category : Law
ISBN : 9004149279
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 : Waris Husain
Publisher : Routledge
Page : 195 pages
File Size : 10,23 MB
Release : 2018-03-28
Category : Social Science
ISBN : 1351190091
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.