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The Author Deals With The Dismissal Of The First Constitent Assembly Of Pakistan In 1954 And The Constitutional Problems Arising Therefrom; The Breakdown Of 3 Successive Constitutions And Imposition Of Martial Law And Its Stresses And Strains Particularly On The Judiciary, The Legal System Of Pakistan And Its Future. Original Binding, Dustjacket Missing, Photograph Of The Author On Frontispiece, Number Of Photographic Illustrations In B&W, Text Clean, Condition Good.
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.
This research examines the growth and expansion of public interest environmental litigation (PIEL) in India and analyses the changes that are influencing the development of PIEL in Bangladesh and Pakistan. The necessity for this research lies in the rapid degradation of environment and the need of efficient environmental management in the three countries of the South Asian region. Here, we compare the legal systems of the three countries from the environmental point of view, discuss new ideas and directions and critically analyse the legal provisions that would help to apply environmental norms. These offer the legislators a chance to find out what can be applied in their own region, thus developing their existing legal mechanisms. About the author Jona Razzaque is barrister and holds a PhD in law from the University of London. She works in the field of access to environmental justice and has published numerous articles on this issue. She taught law in Queen Mary College and School of Oriental and African Studies under the University of London. She is currently working as a lawyer in the Foundation for International Environmental Law and Development (FIELD) on cross-themed projects related to bio-diversity, trade and climate change.
The essays in this volume address the central theme of Pakistan’s enduring, yet elusive, quest for democracy. The book charts Pakistan’s struggle from its very inception, at least in the political rhetoric provided by both civilian and military leaders, for democracy, liberalism, freedom of expression, inclusiveness of minorities and even secularism. At the same time, it demonstrates how in practice, the country has continued to drift towards increasingly brittle authoritarianism, religious extremism and intolerance of minorities — both Muslim and non-Muslim. This chasm between animated political rhetoric and grim political reality has baffled the world as much as Pakistanis themselves. In this volume, scholars and practitioners of statecraft from around the world have sought to explain the dichotomy that exists between the rhetoric and the reality. Crucial areas such as Pakistan’s troubled status as a theocracy; its relationship with the US; the position of women and their quest for empowerment; the Mujahir Qaumi movement; the sharp class divide that has led to an elitist political culture; and finally, an erudite discussion of the popular topic — Jinnah’s vision of Pakistan — are the focus of this book. This volume will be of interest to scholars of history, political science, international relations, sociology, anthropology and urban planning, policy-makers and think-tanks, as well as the wider reading public curious about South Asia.
This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.