Precedent In Pakistani Law

Precedent In Pakistani Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Precedent In Pakistani Law book. This book definitely worth reading, it is an incredibly well-written.

Precedent in Pakistani Law

Dr. Muhammad Munir
Precedent in Pakistani Law Book PDF

Author : Dr. Muhammad Munir
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 44,8 Mb
Release : 2014
Category : Law
ISBN : 0199068240

Get Book

Precedent in Pakistani Law by Dr. Muhammad Munir Pdf

In the Common Law system, it is the doctrine of 'precedent' which courts depend upon, more than any other legal doctrine, while arriving at their decisions. The elements that constitute the doctrine of precedent are numerous and complex. Despite its considerable importance in the Pakistani legal system, the operation of this doctrine has so far drawn little academic attention. This work bridges that gap. It thoroughly examines the history, origin and context of this doctrine, as well as the rules which guide its operation in Pakistan in the Supreme Court, the High Courts, the Federal Shariat Court, and the various tribunals, with examples and analysis of case law. How is the ratio of a precedent case determined? What is the interpretation of Article 189 of the Constitution of Pakistan? Are decisions of the Supreme Court binding on the Supreme Court itself? Are the lower courts bound by the dictum of the Supreme Court? Are there decisions of the Supreme Court that are not binding on lower courts? What is the position of superior courts in India and Azad Jammu & Kashmir (AJK) on all these issues? What value should be attached to precedent in criminal cases? Can the Supreme Court, the High Courts, and the Federal Shariat Court overrule their own previous decisions? And is the practice of the higher courts in Pakistan - under Articles 189, 201 and 203 GG - in conformity with Islamic law? These are some of the questions, vital to understand the operation of precedent in Pakistani law, which are discussed in this work.

Arbitration Law of Pakistan

Ikram Ullah
Arbitration Law of Pakistan Book PDF

Author : Ikram Ullah
Publisher : Kluwer Law International B.V.
Page : 486 pages
File Size : 43,8 Mb
Release : 2021-06-18
Category : Law
ISBN : 9789403517100

Get Book

Arbitration Law of Pakistan by Ikram Ullah Pdf

Driven to a significant extent by Pakistan’s rapidly growing status in trade and economic partnerships – in particular considering the country’s role in the China and Pakistan Economic Corridor (CPEC) – interest in Pakistan’s dispute settlement regime is on the rise. This ground-breaking book, by Pakistan’s best-known arbitrator, practitioner, and legal scholar, is the first in any language to provide in-depth coverage of all significant topics of Pakistani law on both domestic and foreign arbitration, ranging from drafting of the arbitration agreement to the enforcement of arbitral awards. With comprehensive coverage of Pakistani statutes and case law affecting arbitration and bilateral investment treaties (BITs), the author describes and analyses such issues and topics as the following: concepts of separability, arbitrability, and competence-competence; rules governing the conclusion, interpretation, and enforcement of arbitration agreements; grounds on which courts assume jurisdiction; legal issues pertaining to the stay of court proceedings in relation to both domestic and foreign arbitration; constitution of arbitral tribunals; interim measures; judicial review of both domestic and foreign arbitral awards; and available remedies of appeal and revision. Positioned to become the preeminent authority on the arbitration law of Pakistan, this book will be welcomed not only by Pakistani practitioners, arbitrators, judges, students, and academics as the first practical guide to arbitration practice and procedure in their country but also by foreign practitioners approaching Pakistani courts seeking interim measures and enforcement of arbitration agreements and arbitral awards. In addition, both domestic and foreign businessmen will discover clear paths to well-informed decisions on investment and commercial issues involving Pakistan.

The Dynamics of Judicial Independence

Lorne Neudorf
The Dynamics of Judicial Independence Book PDF

Author : Lorne Neudorf
Publisher : Springer
Page : 251 pages
File Size : 47,7 Mb
Release : 2017-02-22
Category : Law
ISBN : 9783319498843

Get Book

The Dynamics of Judicial Independence by Lorne Neudorf Pdf

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.

Islamic Law

Ahmad Atif Ahmad
Islamic Law Book PDF

Author : Ahmad Atif Ahmad
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 48,9 Mb
Release : 2017-10-12
Category : Religion
ISBN : 9781474274524

Get Book

Islamic Law by Ahmad Atif Ahmad Pdf

Introducing undergraduate students to Islamic law, this accessible textbook does not presume legal or technical knowledge. Drawing on a comparative approach, it encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.

Religion, Extremism and Violence in South Asia

Imran Ahmed,Zahid Shahab Ahmed,Howard Brasted,Shahram Akbarzadeh
Religion Extremism and Violence in South Asia Book PDF

Author : Imran Ahmed,Zahid Shahab Ahmed,Howard Brasted,Shahram Akbarzadeh
Publisher : Springer Nature
Page : 249 pages
File Size : 45,9 Mb
Release : 2022-02-04
Category : Political Science
ISBN : 9789811668470

Get Book

Religion, Extremism and Violence in South Asia by Imran Ahmed,Zahid Shahab Ahmed,Howard Brasted,Shahram Akbarzadeh Pdf

This book sheds light on religiously motivated extremism and violence in South Asia, a phenomenon which ostensibly poses critical and unique challenges to the peace, security and governance not only of the region, but also of the world at large. The book is distinctive in-so-far as it reexamines conventional wisdom held about religious extremism in South Asia and departs from the literature which centres its analyses on Islamic militancy based on the questions and assumptions of the West’s ‘war on terror’. This volume also offers a comprehensive analysis of new extremist movements and how their emergence and success places existing theoretical frameworks in the study of religious extremism into question. It further examines topical issues including the study of social media and its impact on the evolution and operation of violent extremism. The book also analyses grassroots and innovative non-state initiatives aimed to counter extremist ideologies. Through case studies focusing on Bangladesh, India, Pakistan and Sri Lanka, this collection examines extremist materials, methods of political mobilisation and recruitment processes and maps the interconnected nature of sociological change with the ideological transformations of extremist movements.

Principles of Mahomedan Law

Dinshah Fardunji Mulla
Principles of Mahomedan Law Book PDF

Author : Dinshah Fardunji Mulla
Publisher : Legare Street Press
Page : 0 pages
File Size : 46,6 Mb
Release : 2022-10-27
Category : Electronic
ISBN : 1016511507

Get Book

Principles of Mahomedan Law by Dinshah Fardunji Mulla Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Role of Islam in the Legal System of Pakistan

Martin Lau
The Role of Islam in the Legal System of Pakistan Book PDF

Author : Martin Lau
Publisher : BRILL
Page : 258 pages
File Size : 53,8 Mb
Release : 2006
Category : Law
ISBN : 9789004149274

Get Book

The Role of Islam in the Legal System of Pakistan by Martin Lau Pdf

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.

Islamic Law in Practice

Mashood A. Baderin
Islamic Law in Practice Book PDF

Author : Mashood A. Baderin
Publisher : Routledge
Page : 387 pages
File Size : 44,7 Mb
Release : 2017-03-02
Category : Religion
ISBN : 9781351925938

Get Book

Islamic Law in Practice by Mashood A. Baderin Pdf

Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

Commercial Law in the Middle East

Hilary Lewis Ruttley,Chibli Mallat
Commercial Law in the Middle East Book PDF

Author : Hilary Lewis Ruttley,Chibli Mallat
Publisher : BRILL
Page : 409 pages
File Size : 53,5 Mb
Release : 2024-07-01
Category : Law
ISBN : 9789004639546

Get Book

Commercial Law in the Middle East by Hilary Lewis Ruttley,Chibli Mallat Pdf

This book provides an instructive and stimulating contribution to a subject, the importance of which is becoming increasingly appreciated.

The Expanding Spaces of Law

Irus Braverman,Nicholas Blomley,David Delaney,Alexandre Kedar
The Expanding Spaces of Law Book PDF

Author : Irus Braverman,Nicholas Blomley,David Delaney,Alexandre Kedar
Publisher : Stanford University Press
Page : 295 pages
File Size : 48,6 Mb
Release : 2014-05-28
Category : Law
ISBN : 9780804791878

Get Book

The Expanding Spaces of Law by Irus Braverman,Nicholas Blomley,David Delaney,Alexandre Kedar Pdf

The Expanding Spaces of Law presents readers with cutting-edge scholarship in legal geography. An invaluable resource for those new to this line of scholarship, the book also pushes the boundaries of legal geography, reinvigorating previous modes of inquiry and investigating new directions. It guides scholars interested in the law–space–power nexus to underexplored empirical sites and to novel theoretical and disciplinary resources. Finally, The Expanding Spaces of Law asks readers to think about the temporality and dynamism of legal spaces.

Pakistan's Experience with Formal Law

Osama Siddique
Pakistan s Experience with Formal Law Book PDF

Author : Osama Siddique
Publisher : Cambridge University Press
Page : 489 pages
File Size : 48,9 Mb
Release : 2013-06-20
Category : Law
ISBN : 9781107245211

Get Book

Pakistan's Experience with Formal Law by Osama Siddique Pdf

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'.

Yearbook Islamic Middle Eastern

Eugene Cotran,Chibli Mallat
Yearbook Islamic Middle Eastern Book PDF

Author : Eugene Cotran,Chibli Mallat
Publisher : BRILL
Page : 612 pages
File Size : 51,5 Mb
Release : 1996-02-14
Category : Religion
ISBN : 9041108831

Get Book

Yearbook Islamic Middle Eastern by Eugene Cotran,Chibli Mallat Pdf

Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publication's practical features include: - articles on current topics, -country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.

Refugees and Rights

Mary Crock
Refugees and Rights Book PDF

Author : Mary Crock
Publisher : Taylor & Francis
Page : 599 pages
File Size : 45,8 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781351905633

Get Book

Refugees and Rights by Mary Crock Pdf

Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The refugee’s rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ’Western’ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).

Guide to Foreign and International Legal Citations

Anonim
Guide to Foreign and International Legal Citations Book PDF

Author : Anonim
Publisher : Unknown
Page : 300 pages
File Size : 43,7 Mb
Release : 2006
Category : Annotations and citations (Law)
ISBN : STANFORD:36105063973023

Get Book

Guide to Foreign and International Legal Citations by Anonim Pdf

"Formerly known as the International Citation Manual"--p. xv.

Introduction to Administrative Law

Neil Hawke
Introduction to Administrative Law Book PDF

Author : Neil Hawke
Publisher : Routledge
Page : 344 pages
File Size : 48,6 Mb
Release : 2013-10-17
Category : Law
ISBN : 9781135351779

Get Book

Introduction to Administrative Law by Neil Hawke Pdf

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.