Constitutional and Political History of Pakistan


Book Description

It has been seven decades since the independent state of Pakistan was carved out of British India, yet the country is still in pursuit of a suitable constitutional framework. Over this period of time, no other country has experimented with so many different constitutional forms, from parliamentary democracy to presidential form of government, to outright military regimes. This book analyses constitutional development in Pakistan from its inception to present times. It provides a case-by-case account of constitution-making in Pakistan, with the inclusion of all pertinent documentation. Constitutional developments have been explained in the context of social and political events that shaped them. The book focuses on constitutional and political history, and constitutional development concurrently. It includes a liberal humanitarian reading of the travails of lawmakers and the role of generals, judges, politicians, and bureaucrats in the implementation of law. Students of law, political science, and history, as well as lawyers, judges, and professors will find this book of particular value. Being grounded in a socio-political context, this book is also of interest to the general reader. The third edition is updated to cover the constitutional and political developments up until 2013.




Unstable Constitutionalism


Book Description

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.




Critical Genre Analysis


Book Description

Genre theory has focused primarily on the analysis of generic constructs, with increasing attention to and emphasis on the contexts in which such genres are produced, interpreted, and used to achieve objectives, often giving the impression as if producing genres is an end in itself, rather than a means to an end. The result of this focus is that there has been very little attention paid to the ultimate outcomes of these genre-based discursive activities, which are more appropriately viewed as academic, institutional, organizational, and professional actions and practices, which are invariably non-discursive, though often achieved through discursive means. It was this objective in mind that the book develops an approach to a more critical and deeper understanding of interdiscursive professional voices and actions. Critical Genre Analysis as a theory of discursive performance is thus an attempt to be as objective as possible, rigorous in analytical endeavour, using a multiperspective and multidimensional methodological framework taking into account interdiscursive aspects of genre construction to make it increasingly explanatory to demystify discursive performance in a range of professional contexts.




Constitutionalism in Islamic Countries: Between Upheaval and Continuity


Book Description

Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.




The Constitution of Pakistan


Book Description

This volume provides a contextual account of Pakistan's constitutional laws and history. It aims to describe the formal structure of government in reference to origins that are traced to the administrative centralisation and legal innovations of colonial rule. It also situates the tide of Muslim nationalism that gave rise to the nation of Pakistan within a terrain of nascent constitutionalism and its associated promises of representation. The post-colonial history of the Pakistani state is charted by reference to succeeding constitutions and the distribution of powers between the major branches of government that they augured. Where conventional histories often suggest that constitutionalism in Pakistan is to be solely understood by reference to a cycle of abidance and rupture, and in the oscillation between military and civilian rule, this volume also accounts for the many points of continuity between regime types. The contours of a broader constitutionalism come to light in the ways in which state power is wielded at different periods and in the range of contests – economic, political and cultural – through which some of this power is sought to be dispersed. Chapters on Rights, Federalism and Islam detail the contextual features of some of these contests and the normative, legal parameters through which they are provisionally settled.










Governance of Islam in Pakistan


Book Description

Modern states increasingly seek to regulate religious expression, practice and discourse. This is profoundly evident at many levels of Islamic policy interaction: from debates about the banning of the Muslim face-veil in Europe to civic re-education programmes for Muslim citizens in China. Governance of Islam in Pakistan provides a systematic account of how interactions between multiple public and private bodies direct the regulation and standardisation of Islam in one of the largest Muslim-majority states in the world. Analysis centres on the institutional development of the Council of Islamic Ideology, a constitutional body tasked with issuing advice to the executive and legislature about the compatibility of laws with Islamic principles. Based on archival material that has been subject to little scholarly attention, and interviews with Council members and staff of other state bodies, Sarah Holz proposes governance as an analytical framework to study the negotiation of religious expression, practice and discourse. In contrast to the established Islamisation narrative which generally labels such religious institutions as mere rubberstamps in the process of policy-making, the study of governance offers an alternative approach that enables examination of the dynamic competition and cooperation among multiple actors. Through collective interaction the Council and other relevant bodies are active players in the governance of Islam. Insights gained from analysis of the ideational, structural and functional evolution of the Council offers a Global South perspective on liberal democratic ideas about the functionality of the modern state and its institutional structure. Issues of economic, cultural and local/international political influence bear strongly in governance analysis. Engagement with the governance policy tool has applicability across the social sciences, but is particularly relevant for South Asian/Near and Middle East Studies.







The Veiled Sceptre


Book Description

The extension to other Realms of the reserve power to refuse a dissolution