The Judicialization of Politics in Pakistan

A Comparative Study of Judicial Restraint and its Development in India, the US and Pakistan

Nonfiction, Social & Cultural Studies, Social Science, Cultural Studies, Ethnic Studies
Cover of the book The Judicialization of Politics in Pakistan by Waris Husain, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Waris Husain ISBN: 9781351190091
Publisher: Taylor and Francis Publication: March 28, 2018
Imprint: Routledge Language: English
Author: Waris Husain
ISBN: 9781351190091
Publisher: Taylor and Francis
Publication: March 28, 2018
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book Young People, Housing and Social Policy by Waris Husain
Cover of the book The Battle For Guatemala by Waris Husain
Cover of the book Literacy, Storytelling and Bilingualism in Asian Classrooms by Waris Husain
Cover of the book Intoxicated Identities by Waris Husain
Cover of the book Protection of Refugees and Displaced Persons in the Asia Pacific Region by Waris Husain
Cover of the book Urban Sociology and Urbanized Society by Waris Husain
Cover of the book Stages for Tomorrow by Waris Husain
Cover of the book The Great Lawrence Textile Strike of 1912 by Waris Husain
Cover of the book Teaching Religion Using Technology in Higher Education by Waris Husain
Cover of the book Improving Your Elementary School by Waris Husain
Cover of the book Working Regions by Waris Husain
Cover of the book Inside Views from the Dissociated Worlds of Extreme Violence by Waris Husain
Cover of the book Social Death by Waris Husain
Cover of the book The Industrial Development of Birmingham and the Black Country, 1860-1927 by Waris Husain
Cover of the book Introduction to the Pan-Caribbean by Waris Husain
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy