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Author : Osama Siddique
Publisher : Cambridge University Press
Page : 489 pages
File Size : 54,8 Mb
Release : 2013-06-20
Category : Law
ISBN : 9781107038158
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 : 40,8 Mb
Release : 2013-06-20
Category : Law
ISBN : 9781107245211
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 : Khurshid Iqbal
Publisher : Routledge
Page : 292 pages
File Size : 41,6 Mb
Release : 2009-09-10
Category : Business & Economics
ISBN : 9781134019991
This book explores the right to development in international law. The volume draws on a range of relevant sources to analyze the legal status of international cooperation in contemporary international law, before going on to explore the domestic application of the right to development looking at the example of Pakistan.
Author : Martin Lau
Publisher : BRILL
Page : 258 pages
File Size : 43,6 Mb
Release : 2005-11-11
Category : Law
ISBN : 9789047417170
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 : Muhammad Azeem
Publisher : Springer
Page : 278 pages
File Size : 52,5 Mb
Release : 2017-07-02
Category : Law
ISBN : 9789811038457
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 : Unknown
Page : 253 pages
File Size : 44,9 Mb
Release : 2015
Category : Electronic
ISBN : 9699534125
Author : Lorne Neudorf
Publisher : Springer
Page : 251 pages
File Size : 54,9 Mb
Release : 2017-02-22
Category : Law
ISBN : 9783319498843
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 : Moeen Cheema
Publisher : Cambridge University Press
Page : 289 pages
File Size : 41,6 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108831888
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author : M. G. Chitkara
Publisher : APH Publishing
Page : 428 pages
File Size : 41,8 Mb
Release : 1997
Category : Political Science
ISBN : 8170248205
Author : Anonim
Publisher : Unknown
Page : 672 pages
File Size : 49,9 Mb
Release : 1990
Category : Law reports, digests, etc
ISBN : STANFORD:36105063357086
"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 : Paula R. Newberg
Publisher : Cambridge University Press
Page : 304 pages
File Size : 46,6 Mb
Release : 2002-05-16
Category : History
ISBN : 0521894409
The political history of Pakistan is characterised by incomplete constitution-making, a process which has placed the burden of constitutional interpretation on state instruments ranging from the bureaucracy to the military to the judiciary. In a penetrating and original study of the relationship between state and civil society in Pakistan, Paula Newberg demonstrates how the courts have influenced constitutional development and the structure of the state. By examining judicial decisions, particularly those made at times of political crisis, she considers how tensions within the judiciary, and between courts and other state institutions, have affected the ways political society views itself, and explores the consequences of these debates for the formal organisation of political power.
Author : Niaz Shah
Publisher : BRILL
Page : 273 pages
File Size : 55,8 Mb
Release : 2006-09-12
Category : Law
ISBN : 9789047410171
Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through Ijtihad: independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women’s human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women’s human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women’s human rights into reality.
Author : Hamid Khan (Lawyer)
Publisher : Unknown
Page : 0 pages
File Size : 44,9 Mb
Release : 2016
Category : Judges
ISBN : 0199068607
One of the major organs of the state, the judiciary in Pakistan attained a particularly high profile in recent years owing to former President Musharraf's attempt to remove the Chief Justice of Pakistan and the latter's eventual restoration to office. The exercise of suo moto jurisdiction bythe Supreme Court in the matter of enforcement of fundamental rights further enhanced interest in the judiciary, which became a focal point for popular aspirations.This book undertakes a comprehensive study of judicial history in Pakistan since Independence. It includes detailed discussion of the acts, lives and judgments of important Pakistani judges, with their continuing effects on the life of the nation.Lawyers, judges and law professors and students of law, political science and history will find this book of particular value, as will the general reader.
Author : Mark Tushnet,Madhav Khosla
Publisher : Cambridge University Press
Page : 415 pages
File Size : 47,9 Mb
Release : 2015-09-17
Category : Law
ISBN : 9781107068957
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author : Ayesha Majid
Publisher : Createspace Independent Publishing Platform
Page : 66 pages
File Size : 45,6 Mb
Release : 2017-03-24
Category : Electronic
ISBN : 1544908490
A booklet reviewing the creation of common law its evolution in its motherland. followed by how it came to the part of land that is now known as Pakistan and how common law is embedded in Pakistani Jurisprudence presently focusing on corporate law and tax law.
