Judging the State: Courts and Constitutional Politics in Pakistan

by Paula R. Newberg

• ISBN13: 9780521452892
• ISBN10: 0521452899
• Format: Hardcover
• Copyright: 1995-05-26
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

Preface

Introduction

1. Structuring the state

2. Constituting the state (l947-1958)

3. Confining courts and constitutions (l958-1969)

4. Seeking justice (l969-1972)

5. Testing courts and constitutionalism (l972-1977)

6. Silencing courts, muting justice (l977-1988)

7. Reviving judicial powers (l988-1993)

8. Judging the state

Table of cases

Bibliography

Index.