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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.
It has been seven decades since the independent state of Pakistan was carved out of British India, yet the country is still in pursuit of a suitable constitutional framework. Over this period of time, no other country has experimented with so many different constitutional forms, from parliamentary democracy to presidential form of government, to outright military regimes. This book analyses constitutional development in Pakistan from its inception to present times. It provides a case-by-case account of constitution-making in Pakistan, with the inclusion of all pertinent documentation. Constitutional developments have been explained in the context of social and political events that shaped them. The book focuses on constitutional and political history, and constitutional development concurrently. It includes a liberal humanitarian reading of the travails of lawmakers and the role of generals, judges, politicians, and bureaucrats in the implementation of law. Students of law, political science, and history, as well as lawyers, judges, and professors will find this book of particular value. Being grounded in a socio-political context, this book is also of interest to the general reader. The third edition is updated to cover the constitutional and political developments up until 2013.
The book presents diverse perspectives from different disciplines with coherence and an admirable focus on federalism. It adequately explains why federalism needs to be re-examined and be a subject of fresh scholarship. The book is an impressive, quality collection of articles. The articles address all dimensions of federalism and make a good addition to literature on federalism. It is a good addition not only to the academic field of Pakistani politics, but in the literature of the popular field of federalism in general. The 18th Amendment itself is a landmark event in the constitutional history of Pakistan. This event has been analysed in the different chapters of the book from different angles. Historical, political, economic, sociological, and environmental factors associated with this unique federal experiment have been thoroughly analysed by a galaxy of learned scholars. Moreover, it provides a rare opportunity of giving a platform for the works of eminent scholars. The book will not only introduce students to the burning issues of Pakistani politics but will also provide advice to policymakers, practitioners, and researchers for their future endeavours.
This book challenges the fundamental assumptions regarding the foundations of Pakistani nationalism during colonial rule in India.
This book is a major reinterpretation of politics in Pakistan. Its focus is conflict among groups, communities, classes, ideologies and institutions, which has shaped the country's political dynamics. Mohammad Waseem critically examines the theory surrounding the millennium-long conflict between Hindus and Muslims as separate nations who practiced mingled faiths, and the Hindu, Muslim and Sikh renaissances that created a twentieth-century clash of communities and led to partition. Political Conflict in Pakistan addresses multiple clashes: between the high culture as a mission to transform society, and the low culture of the land and the people; between those committed to the establishment's institutional constitutional framework and those seeking to dismantle the "colonial" state; between the corrupt and those seeking to hold them to account; between the political class and the middle class; and between civil and military power. The author exposes how the ruling elite centralised power through the militarisation and judicialization of politics, rendering the federalist arrangement an empty shell and thus grossly alienating the provinces. He sets all this within the contexts of education and media as breeders of conflict, the difficulties of establishing an anti-terrorist regime, and the state's pragmatic attempts at conflict resolution by seeking to keep the outsiders inside. This is a wide-ranging account of a country of contestations.
The idea of Pakistan stands riddled with tensions. Initiated by a small group of select Urdu-speaking Muslims who envisioned a unified Islamic state, today Pakistan suffers the divisive forces of various separatist movements and religious fundamentalism. A small entrenched elite continue to dominate the country’s corridors of power, and democratic forces and legal institutions remain weak. But despite these seemingly insurmountable problems, the Islamic Republic of Pakistan continues to endure. The Pakistan Paradox is the definitive history of democracy in Pakistan, and its survival despite ethnic strife, Islamism and deepseated elitism. This edition focuses on three kinds of tensions that are as old as Pakistan itself. The tension between the unitary definition of the nation inherited from Jinnah and centrifugal ethnic forces; between civilians and army officers who are not always in favour of or against democracy; and between the Islamists and those who define Islam only as a cultural identity marker.
This text discusses the principal political and constitutional questions that have arisen in the states of Bangladesh, India, Pakistan and Sri Lanka following fifty years of independence. In Sri Lanka the pressing problems have been around the inter-ethnic civil war, experiments with constitutional designs, widespread prevalence of corruption and the recrudescence of Buddhist militancy. In India it has been corruption, Hindu nationalism and general political instability. In Bangladesh and Pakistan it has been the role of the military, the state and religion. A general theme is an analysis of the malaise that is prevalent and how and why this was inherited, despite the colonial legacy of parliamentary democracy, the steel framework of a trained bureaucracy, the independence of the judiciary and the rule of law.