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Book
xiv, 173 pages ; 25 cm.
  • Introduction
  • The colonial state of security
  • The postcolonial state of security
  • The Anti-Terrorism Act, 1997
  • Expansion and entrenchment of the legal regime of security
  • Security and the absolute right to life: critical reflections on the revival of capital punishment
  • Aliens, identity and legal regime of security on the border
  • Epilogue: Kharotabad killings: security and political responsibility.
Law Library (Crown)
Book
x, 189 pages : illustrations ; 24 cm.
  • Preface
  • Introduction
  • Colonial justice
  • The origins of judicial power
  • Structural and constitutional differences
  • Modern justiciability standards and procedures
  • Executive disqualification and judicial review
  • A proposed solution : Justiciability Council and four-element justiciability test.
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.
(source: Nielsen Book Data)9780815392705 20180730
Law Library (Crown)

3. Journey of life [2017]

Book
240 pages, 24 unnumbered pages of plates : illustrations (some color) ; 23 cm
Law Library (Crown)
Book
xviii, 278 pages ; 25 cm.
  • The law and the judiciary in Pakistan : beyond a liberal understanding
  • Law in the era of capitalist modernization (1947-1960s)
  • Law under Bhutto's socialism (1970s-1980s)
  • A strong judiciary in a "weakening state" (the 1990s)
  • Good governance by the judiciary : the 2000s
  • Some theoretical implications.
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.
(source: Nielsen Book Data)9789811038440 20171023
Law Library (Crown)
Book
1080 pages ; 24 cm
  • General rules of interpretation of Constitution
  • Introductory
  • Fundamental rights
  • The president : power to grant pardon, etc. : Article 45
  • The legislatures
  • The judicature
  • Immunity from legal proceedings : Article 248
  • National language : Article 251
  • Definition clause : Article 260
  • Validation of laws etc. : Articles 269, 270, 270-A.
Law Library (Crown)
Book
x, 852 pages ; 25 cm
Law Library (Crown)
Book
xxviii, 562 pages ; 25 cm
  • The judiciary at the time of independence
  • Establishment of the Federal Court of Pakistan under Mian Abdul Rashid (1949-1954)
  • Judiciary becomes controversial : the Munir court (1954-1960)
  • The golden period of the judiciary : the Cornelius court (1960-1968)
  • The judiciary under S.A. Rahman and Fazle Akbar
  • Turbulent times : the Hamood court (1968-1975)
  • The decline of the judiciary begins : the Yaqub court (1975-1977)
  • The military overpowers the judiciary : the Anwar court (1977-1981)
  • Dark days of the judiciary : the Haleem court (1981-1989)
  • Years of judicial confusion : the Zullah court (1990-1993)
  • Activist court of Nasim Hasan Shah (1993-1994)
  • A house divided against itself : the judiciary under Sajjad Ali Shah (1994-1997)
  • The judiciary recovers partially : the Ajmal court (1997-1999)
  • The deposed chief justice : Saeeduzzaman Siddiqui (1999-2000)
  • The usurper chief justice : Irshad Hassan Khan (2000-2002)
  • Judiciary submerged in corruption : Sheikh Riaz Ahmad (2002-2003)
  • Face of a spineless judiciary : Nazim Hussain Siddiqui (2003-2005)
  • A difficult balancing act : Iftikhar Muhammad Chaudhry (June 2005-March 2007)
  • Iftikhar Muhammad Chaudry : suspended, sacked, and restored : the lawyers' movement (9 March 2007 to 24 March 2009)
  • Conclusion.
One of the major organs of the state, the judiciary in Pakistan attained a particularly high profile in recent years owing to former President Musharrafas attempt to remove the Chief Justice of Pakistan and the latteras eventual restoration to office. The exercise of suo moto jurisdiction by the 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.
(source: Nielsen Book Data)9780199068609 20160802
Law Library (Crown)
Book
xxviii, 562 pages ; 25 cm
  • 1. The judiciary at the time of independence
  • 2. Establishment of the Federal Court of Pakistan under Mian Abdul Rashid (1949-1954)
  • 3. Judiciary becomes controversial: the Munir court (1954-1960)
  • 4. The golden period of the judiciary: the Cornelius court (1960-1968)
  • 5. The judiciary under S.A. Rahman and Fazle Akbar
  • 6. Turbulent times: the Hamood court (1968-1975)
  • 7. The decline of the judiciary begins: the Yaqub court (1975-1977)
  • 8. The military overpowers the judiciary: the Anwar court (1977-1981)
  • 9. Dark days of the judiciary: the Haleem court (1981-1989)
  • 10. Years of judicial confusion: the Zullah court (1990-1993)
  • 11. Activist court of Nasim Hasan Shah (1993-1994)
  • 12. A house divided against itself: the judiciary under Sajjad Ali Shah (1994-1997)
  • 13. The judiciary recovers partially: the Ajmal court (1997-1999)
  • 14. The deposed chief justice: Saeeduzzaman Siddiqui (1999-2000)
  • 15. The usurper chief justice: Irshad Hassan Khan (2000-2002)
  • 16. Judiciary submerged in corruption: Sheikh Riaz Ahmad (2002-2003)
  • 17. Face of a spineless judiciary: Nazim Hussain Siddiqui (2003-2005)
  • 18. A difficult balancing act: Iftikhar Muhammad Chaudhry (June 2005-March 2007)
  • 19. Iftikhar Muhammad Chaudry: suspended, sacked, and restored: the lawyers' movement (9 March 2007 to 24 March 2009)
  • Conclusion.
One of the major organs of the state, the judiciary in Pakistan attained a particularly high profile in recent years owing to former President Musharrafas attempt to remove the Chief Justice of Pakistan and the latteras eventual restoration to office. The exercise of suo moto jurisdiction by the 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.
(source: Nielsen Book Data)9780199068609 20161128
SAL3 (off-campus storage)
Book
viii, 199 pages ; 24 cm
SAL3 (off-campus storage)
Book
xvii, 275 pages ; 23 cm
  • Introduction and definition of terms
  • Pakistan's legal and regulatory system
  • Enforcement of electronic media laws in Pakistan
  • Current challenges
  • Prospective challenges
  • Gaps in regulatory framework
  • Internal legal environment
  • International broadcasting development
  • Conclusions and recommendations.
"In 2002, private broadcasters started their own television transmissions after the creation of the Pakistan Electronic Media Authority. This study seeks to identify the challenges that viewers and private electronic media sectors are faced with, and which they need to tackle in order for media laws to be enforced. The book also identifies and analyses the action required to improve upon the current prevailing situation in the private media sector."-- Provided by publisher.
Law Library (Crown)
Book
179 pages ; 25 cm
  • Introduction
  • Colonial legacy of bureaucracy
  • Systemic constitutional lacunas
  • Politically motivated litigation adding by vulnerabilities of judicial review
  • Delays in dispensation of justice
  • Conclusion.
"This work is about factors that seem to affect the role of judiciary in Pakistan's governance. It mainly focuses on prerogative writ jurisdictions of high courts and original jurisdiction of Supreme Court to enforce fundamental rights and to provide adequate remedies against the ultra vires public actions. It attemps to locate reasons which hinder judiciary to ensure rule of law for good governance, tending to restrict judicial review to effectively review public policies and actions. The study discusses in some details that governments both democratic and non-democratic, have been conscious and often tried to counter the power of judicial review through amendments in constitutional history of the country."-- Page [2].
Law Library (Crown)
Book
xvi, 1328 pages ; 25 cm
  • Fundamental rights and principles of policy
  • The Federation of Pakistan
  • Provinces
  • Relations between federation and provinces
  • Finance, property, contracts and suits
  • The judicature
  • Elections
  • Islamic provisions
  • Emergency provisions
  • Amendment of constitution
  • Miscellaneous.
Law Library (Crown)
Book
30 pages ; 30 cm.
SAL3 (off-campus storage)
Book
716 pages ; 25 cm
  • Exclusion of writ jurisdiction
  • Kinds of writs
  • Prohibition
  • Quo warranto
  • Practice and procedure
  • Laches, acquiescence and waiver
  • Habeas corpus
  • Mandamus
  • Superintending power of high courts
  • Writs under constitutions
  • Form of writ petition under Art. 199 filed in high courts
  • Appendix: Letters Patent for the High Court of Lahore (March 21, 1919).
Law Library (Crown)
Book
xiii, 354 pages ; 23 cm
  • Acknowledgements -- Acronyms -- List of Contributors -- Introduction -- PART 1: THE POLITICAL AND CONSTITUTIONAL DESIGN OF FEDERALISM IN PAKISTAN -- 1. Pakistan: A Majority-Constraining Federation -- AMOHAMMAD WASEEM -- 2. The 18th Constitutional Amendment: Pakistanas Constitution Redesigned -- ASHAHID JAVED BURKI -- 3. The 18th Amendment: Restructuring the Federation -- ASHAHID HAMID -- PART 2: THE EMERGING INTERGOVERNMENTAL RELATIONS -- 4. Intergovernmental Relations in the Federal System of Pakistan -- ASYED JAFFER AHMED -- 5. Financial Implications of Devolution in Pakistan -- AAISHA G. PASHA AND HAFIZ A. PASHA -- 6. Future of Pakistani Federation: A Case Study of the Council of Common Interest -- AZAFARULLAH KHAN -- PART 3: ETHNICITY, PROVINCE, AND LOCAL GOVERNMENT -- 7. Politics of Ethnic Federalism in Pakistan -- AMARYAM KHAN -- 8. Reimagining Pakistan: Identity Politics in a National Security State -- AAYESHA SIDDIQA -- 9. The Making of a Divided Polity: Class, Ethnicity, and Devolution of Power -- AAASIM SAJJAD AKHTER -- PART 4: THE 18TH AMENDMENT: THE PROCESS AND PROBLEMS OF IMPLEMENTATION -- 10. The 18th Amendment: Opportunities and Challenges of Devolution in Pakistan -- ASYED RIZWAN MEHBOOB -- 11. The 18th Amendment: Governing Health and Labour in the Provinces -- AALI QAZILBASH -- 12. Globalization, Decentralization, and the Effects of the 18th Amendment on Education in Pakistan -- AMARIE LALL -- PART 5: FEDERALISM: THE REGIONAL PERSPECTIVE -- 13. Pluralistic Federalism in India: Accommodation of Diversity -- ABALVEER ARORA -- Conclusion -- Bibliography.
  • (source: Nielsen Book Data)9780199401857 20160619
The book presents diverse perspectives from different disciplines with coherence and an admirable focus on federalism. It adequately explains why federalism needs to be re-examined and be a subject of fresh scholarship. The book is an impressive, quality collection of articles. The articles address all dimensions of federalism and make a good addition to literature on federalism. It is a good addition not only to the academic field of Pakistani politics, but in the literature of the popular field of federalism in general. The 18th Amendment itself is a landmark event in the constitutional history of Pakistan. This event has been analysed in the different chapters of the book from different angles. Historical, political, economic, sociological, and environmental factors associated with this unique federal experiment have been thoroughly analysed by a galaxy of learned scholars. Moreover, it provides a rare opportunity of giving a platform for the works of eminent scholars. The book will not only introduce students to the burning issues of Pakistani politics but will also provide advice to policymakers, practitioners, and researchers for their future endeavours.
(source: Nielsen Book Data)9780199401857 20160619
Green Library
Book
74 pages ; 23 cm.
Green Library
Book
xxix, 365 pages ; 23 cm
  • A new Supreme Court : the contribution of Chief Justice Iftikhar Muhammad Chaudhry / Tahir Wasti Zaidi
  • The Chaudhry doctrine : a 'small-c constitutional' perspective / Sultan Babar Mirza
  • Taking liberty seriously / M. Raheel Kamran Sheikh
  • A new dawn : the revival of enivronmental law / Martin Lau
  • The Chaudhry Court : rule of law or judicialization of politics? / Moeen H. Cheema
  • Politics, power, and the crisis of jurisprudence / Syed M. Ghazenfur
  • The politics of anti-corruption / Sadaf Aziz
  • Suo Motu : choosing not to legislate Chief Justice Chaudhry's strategic agenda / Asher A. Qazi
  • Voices on the legacy of Chief Justice Iftikhar Muhammad Chaudhry / Ijaz Shafi Gilani.
Former Chief Justice of Pakistan Iftikhar Muhammad Chaudhryas tenure, from 2005 to 2013, has been characterized by remarkable developments in constitutional politics and the jurisprudence of the apex court. This was also a period of great controversy and the actions of the Chaudhry Court polarized the debate on the role of the Supreme Court. Despite the emergence of such vociferous debate, a detailed scrutiny of the Chaudhry Courtas actions has thus far been lacking. This volume represents an attempt to fill this gap by closely analysing the jurisprudence of the Supreme Court and reflects on the likely legacy of Chief Justice Iftikhar Muhammad Chaudhryas tenure. The contributions also constitute an effort at deepening the debate that has surrounded the courtas actions during the last few years. It goes beyond the critique of the court on the grounds that it has acted politically and violated the constitutionally mandated separation of powers between the judiciary, the legislature, and the elected executive.
(source: Nielsen Book Data)9780199400331 20160619
Law Library (Crown)
Book
384 pages : illustrations (black and white) ; 22 cm
SAL3 (off-campus storage)
Book
vi, 1392 pages ; 25 cm
Law Library (Crown)
Book
xlvi, 282 pages ; 22 cm
  • Evolution of the doctrine of precedent in the Indian subcontinent : an overview of the judicial system of the English East India Company
  • Introduction to the judicial system in Pakistan with special reference to law reporting
  • Stare decisis in common, civil, and international law
  • Necessary techniques for the operation of precedent
  • Operation of precedent in Pakistan : practices of the Supreme Court
  • Operation of precedent in Pakistan : practices of the high courts
  • Operation of precedent in Pakistan : practices of the Federal Shariat Court with special references to Islamic law
  • Avoiding the operation of precedent
  • Conclusions and suggestions.
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.
(source: Nielsen Book Data)9780199068241 20160613
Law Library (Crown)