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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 substance of the Court's decisions in
these cases, sufficient focus is not paid to the amorphous
case-selection process of the Supreme Court of Pakistan. In order
to compare the relatively unregulated process of case-selection in
Pakistan to the more structured processes utilized by the Supreme
Courts of the United States' and India, this book aims to
understand the historical roots of judicial review in each country
dating back to the colonial era extending through the foundational
period of each nation impacting present-day jurisprudence. As a
first in its kind, this study comparatively examines these periods
of history in order to contextualize a practical prescription to
standardize the case-selection process in the Supreme Court of
Pakistan in a way that retains the Court's overall power while
limiting its involvement in purely political issues. This
publication offers a critical and comparative view of the Supreme
Court of Pakistan's recent involvement in political disputes due to
the lack of a discerning case-selection system that has otherwise
been adopted by the Supreme Courts of India and the United States'
to varying degrees. It will be of interest to academics in the
fields of Asian Law, South Asian Politics and Law and Comparative
Law.
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 substance of the Court's decisions in
these cases, sufficient focus is not paid to the amorphous
case-selection process of the Supreme Court of Pakistan. In order
to compare the relatively unregulated process of case-selection in
Pakistan to the more structured processes utilized by the Supreme
Courts of the United States' and India, this book aims to
understand the historical roots of judicial review in each country
dating back to the colonial era extending through the foundational
period of each nation impacting present-day jurisprudence. As a
first in its kind, this study comparatively examines these periods
of history in order to contextualize a practical prescription to
standardize the case-selection process in the Supreme Court of
Pakistan in a way that retains the Court's overall power while
limiting its involvement in purely political issues. This
publication offers a critical and comparative view of the Supreme
Court of Pakistan's recent involvement in political disputes due to
the lack of a discerning case-selection system that has otherwise
been adopted by the Supreme Courts of India and the United States'
to varying degrees. It will be of interest to academics in the
fields of Asian Law, South Asian Politics and Law and Comparative
Law.
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Pakistan and Human Rights (Hardcover)
Satvinder Juss; Contributions by Yasser Latif Hamdani, Neha Ali Gauhar, Adrija Ghosh, Waris Husain, …
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R3,765
Discovery Miles 37 650
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Ships in 10 - 15 working days
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Pakistan and Human Rights consists of a series of innovative and
carefully chosen chapters by leading experts and specialists in the
field of human rights law. With insightful contributions from a
number of young emerging scholars, many of whom based in Pakistan
itself, the volume provides a critical perspective on the legal
ordering of human rights issues, at a time when the legitimacy and
politics of national regulatory governance over the lives of people
is in question as never before in that troubled country. into three
sections.
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