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Looks At The Role Of Judiciary And Different Problems Encountered In Administering Justice In Pakistan Also Looks At Alternative Dispute Resolutions Mechanism, Public Interest Litigation And Historical Aspects Of Justice. Makes Suggestion For Improving The Present System Of Justice And Also A Comparative Study Of Legal System In Usa, Uk, India And Other Countries. Eight Chapters And Appendices.
This book tries to reunite and rebuild faith in public institutions by highlighting the availability of judicial remedies for the poor and the excluded in South Asia. The central idea of this book is the inevitable link between judicial capacity and good governance. It critically discusses the state of ‘access to justice’ to the poor and addresses the problems of various structures and procedures approached by the poor to seek justice. The formal system remains locked in the whimsical fantasies of the lawyers and the state structure which aborts the rule of law for the privileged and works in open defiance of the increasing disempowerment of the poor due to an overwhelming judiciary. This book highlights the growing need for restorative justice as against retributive and thus emphasizes a more intensive action research in alternative dispute resolution systems (ADRs). This argument is further developed to assess the competence of many people’s led informal institutions of judiciary such as Saalish in Bangladesh, Jirgas in Pakistan or Lok Adalats in India. The book is also radical in its approach towards the use of alternative dispute resolution systems to support marginalized communities, including women in distress, through mediation and arbitration which are gaining a new intellectual space in justice discourse. This book is an indispensable guide to administrators, and social scientists interested in governance and legal research. It would also be useful for those working in the non-state sector of pro-poor reforms.
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.
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.
Academic Paper from the year 2020 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: A, course: Criminal Law, language: English, abstract: The point of discussion of this paper is to have a detailed overview of the criminal justice system of Pakistan. It begins with the understanding of the criminal justice system as a general. I would briefly dilate upon several components that constitute and become part and parcel of the criminal justice system of Pakistan; and of course, the objectives of the criminal justice system. Also, this paper penned down the stages of crime. Principles arising out of various case laws related to the administration of justice have been provided. Also, the legal basis of the criminal justice system of Pakistan will be laid down. This paper will explain the landmark criminal case: Mst. Sughran Bibi v The State. I would not have done justice to the subject-matter of the case in hand had if I not touch the topic of F.I.R as this case has direct relevance to the concept of F.I.R. I would throw light upon the judgment with regard to the rule of law and its impact on the judicial system of Pakistan. Furthermore, it will be discussed how the current system is flawed. In addition to that this paper will do a comparison between criminal justice of Pakistan with developed states. In the end, it'll give a hand full of recommendations to reform the criminal justice system of Pakistan. Relevant case laws have been cited.
One of the major organs of the state, the judiciary in Pakistan attained a particularly high profile in recent years owing to former President Musharraf's attempt to remove the Chief Justice of Pakistan and the latter's eventual restoration to office. The exercise of suo moto jurisdiction bythe Supreme Court in the matter of enforcement of fundamental rights further enhanced interest in the judiciary, which became a focal point for popular aspirations.This book undertakes a comprehensive study of judicial history in Pakistan since Independence. It includes detailed discussion of the acts, lives and judgments of important Pakistani judges, with their continuing effects on the life of the nation.Lawyers, judges and law professors and students of law, political science and history will find this book of particular value, as will the general reader.