JUDICIAL POLITICS IN PAKISTAN SINCE 2009: A CRITICAL APPRAISAL
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Abstract
The political and constitutional history of Pakistan has witnessed the murder of political rights by other institutions. The Pakistan’s political history is full of judicial interference. Since 2009, the judiciary of Pakistan has emerged as a dominant force in Pakistani politics through use of judicial review, or the power to overrule Parliament’s laws and the Prime Minister’s acts. This politics 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.The main objective of this paper is to revisit and reappraise the role of Pakistani judiciary in the politics of Pakistan since 2009. This paper presents that how this era in Pakistan’s judicial history was marked by great controversy as the court faced charges that it had engaged in “judicial activism,” acted politically, and violated the constitutionally mandated separation of powers between institutions of the state.
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References
Akhtar, M. J., & Ashraf, M. T. (2022). POLITICAL ISLAM AND POPULISM IN PAKISTAN’S POLITICS: A STUDY OF PAKISTAN TAHREEK-I-INSAF’S LEADERSHIP. PalArch's Journal of Archaeology of Egypt/Egyptology, 19(3), 918- 928.
Bazmi, S. (2022). POLITICO-JUDICIAL ACTIVISM IN PAKISTAN: A HISTORICAL OVERVIEW. Pakistan Journal of Social Research, 4(03), 97-104.
Dawood, J. (1994). The role of superior judiciary in the politics of Pakistan. Royal Book Company.
Gohar. S, Khan.Y, Noareen. S. (2022), Panama Leaks Case, 2016: Reaction of PPP as Parliamentary Opposition towards PML (N) Government. Global Legal Studies Review 7 (II), 111—118
Gul, I. (2016). Judicial activism, and the rule of law. In Pakistan's Democratic Transition (pp. 152-167). Rutledge.
Hussain, F. A., & Khan, A. B. (2012). Role of the Supreme Court in the Constitutional and Political Development of Pakistan: History and Prospects. J. Pol. & L., 5, 82.
Khalid, I. (2012). Role of Judiciary in the Evolvement of Democracy in Pakistan. Journal of Political Studies, 19(2).
Khan, M. I., & Muhammad, A. (2020). An Evaluation of Separation of Powers: A Case Study of Pakistan (2007-2013). South Asian Studies, 31(1).
Khan, H. (2017), Constitutional and Political History of Pakistan, Karachi: Oxford University Press.
Munir, K., & Khalid, P. D. I. (2020). Judicial Activism in Pakistan: A Case Study of Supreme Court Judgments 2008-13. South Asian Studies, 33(2).
Newberg, P. R. (2002). Judging the state: Courts and constitutional politics in Pakistan (No. 59). Cambridge University Press.
Rasheed, A., & Mukhtar, H. (2020). Judicial Activism in Pakistan: A Case Study of the Tenure of Mr. Saqib Nisar Ex-Chief Justice. Journal of the Research Society of Pakistan–Vol. No, 57(1).
Shah, A. (2019). Pakistan in 2018. Asian Survey, 59(1), 98-107.
Sultan, S., & Jabeen, T. (2020). Changing Facets of Judicial Activism in Pakistan. Review of Education, Administration & Law, 3(3), 523-534.
Steyn, J. (2004). Guantanamo Bay: The Legal Black Hole. 53 Int’l & Comp. LQ, 1(1), 13.
Ziring, L. (1997). Pakistan in the Twentieth Century. A Political History, Oxford University Press, Karachi.