Author: Hamid Khan
Publisher:
ISBN: 9789697342242
Category :
Languages : en
Pages : 0
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Book Description
This book is a comprehensive study of Pakistan's judicial history since Independence. It includes detailed discussion of the act, lives, and judgments of significant Pakistani judges, with their continuing effects on the life of the nation.
Author: Hamid Khan (Lawyer)
Publisher:
ISBN: 9780199068609
Category : Judges
Languages : en
Pages : 0
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Book Description
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.
Author: Hamid Khan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Paula R. Newberg
Publisher: Cambridge University Press
ISBN: 9780521894401
Category : History
Languages : en
Pages : 304
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Book Description
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.
Author: Waris Husain
Publisher: Routledge
ISBN: 1351190091
Category : Social Science
Languages : en
Pages : 190
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Book Description
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.
Author: Osama Siddique
Publisher: Cambridge University Press
ISBN: 1107038154
Category : Law
Languages : en
Pages : 489
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Book Description
This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.
Author: Lorne Neudorf
Publisher: Springer
ISBN: 3319498843
Category : Law
Languages : en
Pages : 251
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Book Description
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.
Author: Moeen Cheema
Publisher: Cambridge University Press
ISBN: 1108831885
Category : Law
Languages : en
Pages : 289
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Book Description
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author: Yasser Kureshi
Publisher: Cambridge University Press
ISBN: 1316516938
Category : History
Languages : en
Pages : 309
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Book Description
Develops a framework to explain shifts in judicial assertiveness towards militaries, using Pakistan as an illuminating case study.
Author: Inam R. Sehri
Publisher: Grosvenor House Publishing Limited
ISBN: 9781908596628
Category : History
Languages : en
Pages : 352
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Book Description
'Judges & Generals in Pakistan-I' by Inam R Sehri is a collection of mostly his published articles; explaining diverse scenarios. This book evaluates certain conflicting news, editorials, opinions and criticisms on historical issues. No misleading intelligence story, no distracting investigative re-port, no concocted interview and no feed from the 'concerned ones' yet everything seems innovative; no fiction in this book but simple narration of facts. 'It is the collection of tragedies and misgivings which are deliberately buried in suspicions & darkness since decades. I've simply dug them out, collated and placed together for those who want to keep a track of their past;' Sehri holds.
