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

Law

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

By Moeen Cheema
Cambridge University Press February 2025

Specifications

ISBN-13
9781108927451
Publisher
Cambridge University Press
Publication
February 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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
HKD 440.38 −3%
HKD 454.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Law

View all
Data Governance Act: Article-by-Article Commentary
Hart Publishing

Data Governance Act: Article-by-Article Commentary

Louisa Specht; Moritz Hennemann
HKD 2,143.70
Regulating Lawyers Through Disciplinary Systems
Routledge

Regulating Lawyers Through Disciplinary Systems

Kay-Wah Chan; Judith A. McMorrow; Avrom Sherr
HKD 605.15
Selective Publication in the U.S. Courts of Appeals: The Invisible Norm that Perpetuates Inequality
Oxford University Press

Selective Publication in the U.S. Courts of Appeals: The Invisible Norm that Perpetuates Inequality

Rachael K. Hinkle
HKD 1,084.46
Elgar Concise Encyclopedia of Oil and Gas Law
Edward Elgar Publishing

Elgar Concise Encyclopedia of Oil and Gas Law

Tina Soliman Hunter; Angela Dobb; Ernst Nordtveit
HKD 3,013.79
The Law of the European Union New
Hart Publishing

The Law of the European Union

Daniel Sarmiento
HKD 2,269.80
Data Privacy and Competition Law in the Age of Big Data: Unpacking the Interface Through Complexity Science
Oxford University Press

Data Privacy and Competition Law in the Age of Big Data: Unpacking the Interface Through Complexity Science

Samson Y. Esayas
HKD 1,450.15