Judging the State: Courts and Constitutional Politics in PakistanCambridge University Press, 16. maj 2002 - 284 sider For almost five decades, Pakistan has encountered frequent, unresolved political crises. They are woven into its concepts of political community, and have underscored uneasy relationships between state institutions and civil society. Pakistan's politics has also been characterised by incomplete constitution-making, a process that has placed the burden of constitutional interpretation and political change on state instruments ranging from the bureaucracy to the military to the judiciary. The superior courts in particular have played unusually important roles in determining the country's fate, often superseding legislatures and executives alike. In a penetrating and comprehensive study of the ways in which the superior judiciary has mediated relationships between state and society, Paula Newberg demonstrates how the courts have influenced the structure of the state, and their evolving jurisprudence has fashioned Pakistan's constitutions and uncertain constitutionalism. |
Indhold
Structuring the state | 9 |
Constituting the state 19471958 | 35 |
Confining courts and constitutions 19581969 | 69 |
Seeking justice 19691972 | 110 |
Testing courts and constitutionalism 19721977 | 136 |
Silencing courts muting justice 19771988 | 171 |
Reviving judicial powers 19881993 | 200 |
Judging the state | 233 |
Table of cases | 251 |
262 | |
278 | |
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Judging the State: Courts and Constitutional Politics in Pakistan Paula R. Newberg Ingen forhåndsvisning - 1995 |
Almindelige termer og sætninger
1973 Constitution Abdul actions Ahmad army Asma Jilani's authority Awami Awami League Ayub Khan Baluchistan Bangladesh Basic Democracies Benazir Bhutto Bhutto government challenge Chief Justice civil courts civil society civilian concept conflicts consti Constituent Assembly constitutionalism coup d'état Dacca decision democratic dissolution Dosso East Pakistan elections emergency Federal Court Federation of Pakistan fundamental rights Government of Pakistan Governor-General Governor-General's grundnorm Hamoodur Rahman independence India institutions issues judges judgment judicial powers judicial review judiciary judiciary's jurisdiction Justice Cornelius Justice Munir Karachi Khan's legislative legislature legitimacy limited ment military courts military rule Muhammad Muslim National Assembly Nusrat Bhutto's Ordinance Pakistan PLD parliamentary People's Party Peshawar petition political parties politicians President presidential Prime Minister principles problems provincial autonomy Punjab question Reference regime revolutionary legality role sovereignty structure superior courts Supreme Court Tamizuddin Khan tribunals tutional validity writ Yahya Khan Zia ul Haq Zia's Zulfikar Ali Bhutto