Courting Constitutionalism: The Politics of Public Law and Judicial Review in Pakistan

ISBN-13: 9781108831888 / Angielski / Twarda / 2021 / 256 str.

Moeen Cheema

Opis

Presents a deeply contextualized account of public law and judicial review in Pakistan.

Recenzje

'Moeen Cheema's account of the Pakistani judiciary's evolution into a key actor in what Ran Hirschl calls constitutional “mega-politics” is thoughtful, rigorous and informative. Its contribution to scholarship is not restricted to Pakistani or subcontinental constitutionalism alone. This study of the dramatic growth of judicial power in a context that has oscillated between military, quasi-military and hybrid-civil regimes is a serious provocation to a field that continues to debate the legitimacy of judicial review largely within the narrow confines of the “counter-majoritarian difficulty” in democratic regimes. The book's historical institutionalist method offers rich insights for appreciating how courts, as strategic constitutional institutions, manage not only to survive and but also to thrive in seemingly inhospitable ground.' Tarunabh Khaitan, Head of Research, Bonavero Institute of Human Rights, Oxford

Spis treści

1. Introduction; 2. Postcolonial legality: fragments of the rule of law and constitutionalism; 3. Martial rule: military‒bureaucratic authoritarianism and 'basic' constitutionalism; 4. Elective dictatorship: socialist populism and the myth of a consensus constitution; 5. Praetorian governmentality: Islamisation of laws and the genesis of substantive constitutionalism; 6. Indirect praetorianism: 'public interest litigation' and the first wave of judicial activism; 7. Military‒civil composite: 'military incorporated' and the 'lawyers' movement'; 8. Corporatist governance: the 'Chaudhry court' and 'judicial proactivism'; 9. Conclusion: judicialisation of politics in Pakistan.