1. Paradoxes of Judicial Independence: Issues and Challenges of Constitutionalism in Pakistan
- Author:
- Sadia Mahmood Falki and Aisha Shahzad
- Publication Date:
- 07-2022
- Content Type:
- Journal Article
- Journal:
- South Asian Studies
- Institution:
- Department of Political Science, University of the Punjab
- Abstract:
- Pakistan has oscillated between weak civilian rules and military regimes throughout its history. Military co-option with the judiciary, alongside few exceptions commenced an era of dissolutions in 1988. This led to develop an institutional imbalance which undermined the representative institutions by upholding the presidential orders to dismiss federal and provincial assemblies in Pakistan. The judiciary in Pakistan largely remained a reactionary institution as it endeavored for the self-preservation rather than upholding the constitutionalism and enforcing the rule of law. Judiciary‟s political assertiveness during the decade of 1990s by addressing the political questions led to decline of its impartial character. This research expounds that judiciary‟s informal support for military increased the federal challenges of Pakistan and enhanced the authoritarian features of the state. This paper also explicates that by validating the dismissals of the representative institutions and authorizing the military regimes to amend the constitution, Judiciary compromised its judicial independence, which is one of the salient features of Constitution of 1973. Keeping in view the nature of case study and employing qualitative approach of research, this paper largely addresses the key question that how judicial Independence is relevant to the issues of federalism and democracy in Pakistan.
- Topic:
- Democratization, Development, Constitution, Judiciary, Federalism, Independence, and Civil-Military Relations
- Political Geography:
- Pakistan and South Asia