Judging the State: Courts and Constitutional Politics in Pakistan

• NCJ Number: 165580
• Author(s): P R Newburg
• Date Published: 1995
• Length: 289 pages
• Sale Source: Cambridge University Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United Kingdom
• Note: South Asian Studies 59

Annotation

The courts and politics of Pakistan are examined, with emphasis on the ways in which the judiciary has mediated relationships between the government and society.

Abstract

The book focuses on the frequent, unresolved political crises that Pakistan has experienced during almost 5 decades. The text describes how Pakistan's incomplete constitution-making has placed the burdens of constitutional interpretation on government institutions ranging from the bureaucracy to the military to the judiciary. The superior courts in particular have had an unusually important role in determining the country's political fate. The analysis explains how, over the past decades, the courts have influenced the structure of the government and the country's constitutions and uncertain constitutionalism. The author focuses on judicial decisions, including those that have determined the fate of governments, to explore the ways in which the courts have affected fundamental rights, the practice of politics, and democratic prospects in Pakistan. Footnotes, table of cases, index, and approximately 300 references (Publisher summary modified)