Constitutional Breakdown And The Judiciary In Pakistan
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Constitutional Breakdown And The Judiciary In Pakistan
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Author : Mohammad Farogh Naseem
language : en
Publisher:
Release Date : 1997
Constitutional Breakdown And The Judiciary In Pakistan written by Mohammad Farogh Naseem and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Constitutional law categories.
Judging The State
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Author : Paula R. Newberg
language : en
Publisher: Cambridge University Press
Release Date : 2002-05-16
Judging The State written by Paula R. Newberg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-05-16 with History categories.
The political history of Pakistan is characterised by incomplete constitution-making, a process which has placed the burden of constitutional interpretation on state instruments ranging from the bureaucracy to the military to the judiciary. In a penetrating and original study of the relationship between state and civil society in Pakistan, Paula Newberg demonstrates how the courts have influenced constitutional development and the structure of the state. By examining judicial decisions, particularly those made at times of political crisis, she considers how tensions within the judiciary, and between courts and other state institutions, have affected the ways political society views itself, and explores the consequences of these debates for the formal organisation of political power.
Emergency Powers And The Courts In India And Pakistan
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Author : Imtiaz Omar
language : en
Publisher: BRILL
Release Date : 2021-10-18
Emergency Powers And The Courts In India And Pakistan written by Imtiaz Omar and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
The fundamental premise of this study is that where Constitutions, such as that of India and Pakistan, articulate legal norms which limit the scope of the executive power to derogate from individual rights during states of emergency, there must likewise exist an effective control mechanism to ensure that the Executive acts within the scope of that power. Viewed from this perspective, the judicial power to interpret the Constitution imposes upon the Court the constitutional duty to provide adequate safeguards against the abuse of state power affecting individual rights. This power remains available notwithstanding the presumed or purported ouster of judicial review. The concept of judicial review as a source of control is examined in the light of the experience of Pakistan and India during periods of constitutional emergency. The divergent approaches of the Courts in these countries, in litigation concerning emergency powers and individual rights, are explained in terms of divergent views that these Courts have adopted with respect to the nature of judicial review.
Articles Speeches On Constitution Law And Pakistan Affairs
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Author : Nasim Hasan Shah
language : en
Publisher:
Release Date : 1986
Articles Speeches On Constitution Law And Pakistan Affairs written by Nasim Hasan Shah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Constitutional law categories.
The Author Deals With The Dismissal Of The First Constitent Assembly Of Pakistan In 1954 And The Constitutional Problems Arising Therefrom; The Breakdown Of 3 Successive Constitutions And Imposition Of Martial Law And Its Stresses And Strains Particularly On The Judiciary, The Legal System Of Pakistan And Its Future. Original Binding, Dustjacket Missing, Photograph Of The Author On Frontispiece, Number Of Photographic Illustrations In B&W, Text Clean, Condition Good.
Constitutional Breakdown And The Judicary In Pakistan
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Author : Mohammad Farogh Naseem
language : en
Publisher:
Release Date : 1997
Constitutional Breakdown And The Judicary In Pakistan written by Mohammad Farogh Naseem and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with categories.
The Judiciary Under The Constitution
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Author : Nurul Hasan
language : en
Publisher:
Release Date : 1964
The Judiciary Under The Constitution written by Nurul Hasan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with Courts categories.
Praetorianism And Common Law In Post Colonial Settings
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Author : Tayyab Mahmud
language : en
Publisher:
Release Date : 1993
Praetorianism And Common Law In Post Colonial Settings written by Tayyab Mahmud and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Constitutional history categories.
Extra Constitutional Action In Pakistan
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Author : Zaharul Islam Chodhury
language : en
Publisher:
Release Date : 1972
Extra Constitutional Action In Pakistan written by Zaharul Islam Chodhury and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Constitutional law categories.
Extra Constitutional Action In Pakistan
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Author : Zaharul Islam Chodhury
language : en
Publisher:
Release Date : 1972
Extra Constitutional Action In Pakistan written by Zaharul Islam Chodhury and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Constitutional law categories.
The purpose of this work has been to consider the three major constitutional breakdowns which took place in Pakistan, viz., the dissolution of the first Constituent Assembly by the Governor-General in October, 1954, the abrogation of the Constitution of 1956 and declaration of martial law by the President in October, 1958, and the abrogation of the Constitution of 1962 and declaration of martial law by the Commander-in-Chief of the Army in March, 1969. In order to put them in proper perspective a general survey of the constitutional development in Pakistan since independence till about the middle of 1971 had to be made. But the main focus of the deliberations, however, has been on the background of the actions taken on those three occasions and the conququent constitutional and legal implications in the subsequent development. In the first chapter a general introduction describes the constitutional position of Pakistan at independence, followed, in Chapter II, by a discussion on the composition and function of the first Constituent Assembly and its endeavour to draft a constitution for the country. Chapter III deals with the dissolution of the Assembly by the Governor-General and his attempt to promulgate a constitution by decree, and the Courts' views of the Governor-General's action. In Chapter IV an analysis of the crisis has been made with a view to identifying the real grounds that led the Governor-General to act, as he acted. The circumstances preceding the abrogation of the Constitution of 1956 and martial law in 1958 have been discussed in Chapter V, followed, in Chapter VI, by consideration of the functioning of the martial law administration and the Courts' view of the situation. Chapter VII deals with a reflection on the President's action and the extent of his responsibility for the breakdown. The statutory and constitutional progress made during the martial law period (1958-1962) have been dealt with in Chapter VIII. The promulgation and working of the 1962 Constitution have been discussed in Chapter IX, while Chapter X discusses the reaction and political movement against that Constitution. Chapter XI deals with the abrogation of the Constitution and the declaration of martial law in 1969, together with the measures taken by the military regime to restore constitutional rule. In Chapter XII, cases arising out of the similar situations in other Commonwealth countries as decided by their Courts, where leading Pakistani cases were cited, have (been discussed. In the concluding chapter justification bf, and objections to, the actions have been considered, and the prospect of democracy and constitutional rule, in the conditions prevailing before the India-Pakistan war in December, 1971, has been generally discussed.
Unstable Constitutionalism
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Author : Mark Tushnet
language : en
Publisher: Cambridge University Press
Release Date : 2015-09-17
Unstable Constitutionalism written by Mark Tushnet and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-17 with Law categories.
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.