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The Judicialization of Politics in Pakistan: A Comparative Study of Judicial Restraint and its Development in India, the US and Pakistan: Routledge Contemporary South Asia Series

Autor Waris Husain
en Limba Engleză Hardback – 5 apr 2018
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.
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Specificații

ISBN-13: 9780815392705
ISBN-10: 0815392702
Pagini: 204
Ilustrații: 6 Line drawings, black and white; 1 Tables, black and white
Dimensiuni: 156 x 234 x 13 mm
Greutate: 0.43 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Routledge Contemporary South Asia Series

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate

Cuprins

1. Introduction 2. Colonial justice 3. The origins of Judicial Review4. Structural and constitutional differences 5. Modern justiciability standards and procedures 6. Executive disqualification and judicial review 7. A proposed soloution: Justiciability council and four-element justiciability test.

Notă biografică

Waris Husain is a comparative constitutional law expert with a focus on South Asia, having written on legal developments in Pakistan, India, and Nepal. He teaches international legal advocacy and advises the international moot court program at the Howard University School of Law.

Descriere

This book analyses the Pakistani judiciary through the important lens of comparative politics. It uses the counter-examples of India and the United States in order to present a justiciability standard and procedure for the Supreme Court of Pakistan to adopt.