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Courting Constitutionalism: The Politics of Public Law and Judicial Review in Pakistan

Courting Constitutionalism: The Politics of Public Law and Judicial Review in Pakistan

Author: Moeen Cheema
Publisher: Cambridge University Press
ISBN: 9781108927451

Published In: February 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108831888

List Price: RM245.16

RM237.81 Save RM7.35 (3%)

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Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft was long in the making. This book presents a deeply contextualised account of law in Pakistan and situates the judicial review jurisprudence of the superior courts in the context of historical developments in constitutional politics, evolution of state structures and broader social transformations. This book highlights that the bedrock of judicial review has remained in administrative law; it is through the consistent development of the 'Writ jurisdiction' and the judicial review of administrative action that Pakistan's superior courts have progressively carved an expansive institutional role and aggrandised themselves to the status of the regulator of the state.

1. Introduction

2. Postcolonial legality: fragments of the rule of law and constitutionalism

3. Martial rule: military‒bureaucratic authoritarianism and 'basic' constitutionalism

4. Elective dictatorship: socialist populism and the myth of a consensus constitution

5. Praetorian governmentality: Islamisation of laws and the genesis of substantive constitutionalism

6. Indirect praetorianism: 'public interest litigation' and the first wave of judicial activism

7. Military‒civil composite: 'military incorporated' and the 'lawyers' movement'

8. Corporatist governance: the 'Chaudhry court' and 'judicial proactivism'

9. Conclusion: judicialisation of politics in Pakistan

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