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Author Husain, Waris, author.

Title The judicialization of politics in Pakistan : a comparative study of judicial restraint and its development in India, the US and Pakistan / Waris Husain
Published New York, NY : Routledge, 2018

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Description 1 online resource
Series Routledge contemporary South Asia series ; 123
Routledge contemporary South Asia series ; 123.
Contents Cover; Title; Copyright; Dedication; Contents; List of illustrations; Preface; Acknowledgments; 1 Introduction; I. Chaudhry court; II. Global growth of judicial review; III. Defining activism; IV. Method of analysis and spectrum graph comparison; V. Scope and limitations of the study; VI. Colonial judicial inheritance and Lord Coke's impact; VII. Constitutional structure and judicial procedures; VIII. Executive disqualification; IX. Prescription; 2 Colonial justice; I. Introduction; II. The American experience with colonial justice; A. Native justice
B. Development of colonial courts and the blurring line between branchesC. Public perception of colonial courts; D. Legal education; E. Impact on founders; III. Indian subcontinent's expansive experience with colonial justice; A. Native justice; B. Development of colonial courts; C. Public perception of colonial courts; D. Legal education and native lawyers; E. Impact on founders; IV. Conclusion; 3 The origins of judicial review; I. Parliamentary supremacy; II. Ultra vires: forbearer of judicial review; III. Lord Coke's introduction of judicial review
IV. Vindication of Lord Coke in the United StatesV. Early review cases in the United States; A. Common right; B. Early constitutional cases; VI. Origins of judicial review in Indian colonies; VII. Early post-colonial judicial review in India; VIII. Early post-colonial judicial review in Pakistan; IX. Conclusion; 4 Structural and constitutional differences; I. United States; A. Presidential system and parliamentary supremacy; B. Establishment of the Supreme Court and federal judiciary; C. Federalism; D. Jurisdictional limitations on U.S. Supreme Court; II. India and Pakistan
A. Parliamentary systemB. Establishment of courts; C. Federalism; D. Jurisdictional limits; III. Pakistan; A. Fourth branch; B. Constitutional breaks; C. Dissolution of Pakistan; D. Conclusions; IV. Conclusion; 5 Modern justiciability standards and procedures; I. Introduction; II. United States; A. Case or controversy; B. Political question doctrine; C. Writ of certiorari procedure; III. India; A. Standing; B. Public interest litigation (PIL); C. Political question doctrine; D. Pendency and procedure for case selection; IV. Pakistan; A. Standing/public interest litigation (PIL); B. Suo motu
C. Procedure for case selection and role of RegistrarD. Ripeness; E. Political question doctrine; F. Pendency and backlog; V. Conclusion; 6 Executive disqualification and judicial review; I. Introduction; II. Pakistan; A. Timeline of events for Prime Minister Gilani's disqualification; B. President Zardari and the National Reconciliation Ordinance; C. Non-implementation of Supreme Court's NRO verdict; D. Supreme Court overrides constitutional provision for disqualification of Prime Minister; E. Critics of the Court emerge; F. Legitimacy lost by the Court; G. Nawaz Sharif and Panamagate
Summary "Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament's laws and the prime minister's acts. This hyper-activism 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. While many critics have focused on the substance of the court's decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States' and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court's overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan's recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States' to varying degrees."-- Provided by publisher
Bibliography Includes bibliographical references and index
Subject Political questions and judicial power -- Pakistan
Political questions and judicial power -- India
Political questions and judicial power -- United States
Judicial process -- Pakistan
Judicial process -- India
Judicial process -- United States
Law -- Political aspects.
LAW -- Civil Procedure.
LAW -- Legal Services.
POLITICAL SCIENCE -- Government -- Judicial Branch.
Judicial process
Law -- Political aspects
Political questions and judicial power
India
Pakistan
United States
Form Electronic book
ISBN 9781351190107
1351190105
9781351190091
1351190091
9781351190084
1351190083