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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 substa...
In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial ...
This is the third in a four-volume set that provides the definitive account of the major issues of comparative constitutional law in Asia. Volume 3 looks at the both the formal and functional aspects of constitutional structure in 18 Asian jurisdictions. It considers formal aspects such as: - legislative-executive relations; - the court system; - constitutional review (including specialist, ordinary judicial review, and non-judicial institutions of constitutional review); - central-local relations and federalism; - the role of the political parties; - the role of the military; and - independent institutions, such as audit, election, and anti-corruption institutions. It also answers questions about functional aspects of constitutional structure including: - How do these structural institutions work in practice? - What are the factors, such as political dynamics, local culture, ethnic diversity, and social structure, influence their operation? The jurisdictions covered are: Bangladesh, China, Hong Kong, Indonesia, Japan, Laos, Macau, Malaysia, Mongolia, Myanmar, North Korea, Pakistan, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.
Develops a framework to explain shifts in judicial assertiveness towards militaries, using Pakistan as an illuminating case study.
This handbook showcases the rich varieties of legislatures that exist in Asia and explains how political power is constituted in 17 jurisdictions in East, Southeast and South Asia. Legislatures in Asia come in all stripes. Liberal democracies co-exist cheek by jowl with autocracies; semi-democratic and competitive authoritarian systems abound. While all legislatures exist to make law and confer legitimacy on the political leadership, how representative they are of the people they govern differs dramatically across the continent, such that it is impossible to identify a common Asian prototype. Divided into thematic and country-by-country sections, this handbook is a one-stop reference that su...
Presents a deeply contextualized account of public law and judicial review in Pakistan.
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The recently introduced devolution is a major and significant change in the way the government system has been set-up in Pakistan. This new system has been praised as a major new developments and has also drawn adverse comments from some quarters. A number of scholars and research scientists have explored the issues of devolution and governance in Pakistan in the essays that make up this book. It brings together a rich and diversified multiplicity of views. The authors include faculty members from Lahore University of Management Sciences (LUMS) and other prestigious institutions in Pakistan and other coutries, as well as governments functionaries and scholars dealing with the issues of governance.