Book Description
This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.
Author : Osama Siddique
Publisher : Cambridge University Press
Page : 489 pages
File Size : 50,27 MB
Release : 2013-06-20
Category : Law
ISBN : 1107038154
This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.
Author : Osama Siddique
Publisher :
Page : 633 pages
File Size : 17,37 MB
Release : 2011
Category : Justice, Administration of
ISBN :
Author : Osama Siddique
Publisher : Cambridge University Press
Page : 489 pages
File Size : 49,11 MB
Release : 2013-06-20
Category : Law
ISBN : 1107245214
Law reform in Pakistan attracts such disparate champions as the Chief Justice of Pakistan, the USAID and the Taliban. Common to their equally obsessive pursuit of 'speedy justice' is a remarkable obliviousness to the historical, institutional and sociological factors that alienate Pakistanis from their formal legal system. This pioneering book highlights vital and widely neglected linkages between the 'narratives of colonial displacement' resonant in the literature on South Asia's encounter with colonial law and the region's postcolonial official law reform discourses. Against this backdrop, it presents a typology of Pakistani approaches to law reform and critically evaluates the IFI-funded single-minded pursuit of 'efficiency' during the last decade. Employing diverse methodologies, it proceeds to provide empirical support for a widening chasm between popular, at times violently expressed, aspirations for justice and democratically deficient reform designed in distant IFI headquarters that is entrusted to the exclusive and unaccountable Pakistani 'reform club'.
Author : Muhammad Azeem
Publisher : Springer
Page : 289 pages
File Size : 39,62 MB
Release : 2017-07-02
Category : Law
ISBN : 9811038457
Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the ‘corrupt politicians and stubborn bureaucracies’ in the World Bank’s ‘Good Governance’ paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book’s core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored ‘rule of law’ judicial reforms.
Author : Naveed Ahmad Shinwari
Publisher :
Page : 253 pages
File Size : 16,31 MB
Release : 2015
Category :
ISBN : 9789699534126
Author : Martin Lau
Publisher : BRILL
Page : 258 pages
File Size : 11,38 MB
Release : 2006
Category : Law
ISBN : 9004149279
Starting in 1947, this volume examines the way Pakistani judges have dealt with the controversial issue of Islam in the past 50 years. The book's focus on reported case-law offers a new perspective on the Islamisation of Pakistan's legal system in which Islam emerges as more than just a challenge to Western conceptions of human rights.
Author : Moeen Cheema
Publisher : Cambridge University Press
Page : 289 pages
File Size : 47,54 MB
Release : 2021-12-16
Category : Law
ISBN : 1108831885
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author :
Publisher :
Page : 672 pages
File Size : 32,88 MB
Release : 1990
Category : Law reports, digests, etc
ISBN :
"Containing cases decided by the Federal Court, Privy Council, High Courts of Dacca, Lahore and Baghdad-ul-Jadid, Azad Jammu and Kashmir, Chief Court of Sind, Judicial Commissioner's Courts--Baluchistan and Peshawar, and revenue decisions Punjab" (varies).
Author : Lorne Neudorf
Publisher : Springer
Page : 262 pages
File Size : 14,8 MB
Release : 2017-02-22
Category : Law
ISBN : 3319498843
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 : Yasser Kureshi
Publisher : Cambridge University Press
Page : 309 pages
File Size : 31,78 MB
Release : 2022-09-15
Category : Law
ISBN : 1009035878
The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.