Judging the State: Courts and Constitutional Politics in Pakistan

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Cambridge University Press, May 16, 2002 - History - 300 pages
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For almost five decades, Pakistan has encountered frequent, unresolved political crises. They are woven into its concepts of political community, and have underscored uneasy relationships between state institutions and civil society. Pakistan's politics has also been characterised by incomplete constitution-making, a process that has placed the burden of constitutional interpretation and political change on state instruments ranging from the bureaucracy to the military to the judiciary. The superior courts in particular have played unusually important roles in determining the country's fate, often superseding legislatures and executives alike. In a penetrating and comprehensive study of the ways in which the superior judiciary has mediated relationships between state and society, Paula Newberg demonstrates how the courts have influenced the structure of the state, and their evolving jurisprudence has fashioned Pakistan's constitutions and uncertain constitutionalism.
 

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Contents

Structuring the state
9
Constituting the state 19471958
35
Confining courts and constitutions 19581969
69
Seeking justice 19691972
110
Testing courts and constitutionalism 19721977
136
Silencing courts muting justice 19771988
171
Reviving judicial powers 19881993
200
Judging the state
233
Table of cases
251
Bibliography
262
Index
278
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