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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.
Pakistan is a South Asian country bordered by India, Afghanistan, Iran, and China. It was created in 1947 as a homeland for Muslims in the partition of British India. The population of Pakistan is approximately 220 million people, making it the fifth most populous country in the world. The official languages of Pakistan are Urdu and English, although there are many regional languages as well. The country is known for its varied landscape, including mountains, deserts, and coastal areas. Its economy relies heavily on agriculture, industry, and services, with major cities such as Karachi, Lahore, and Islamabad serving as centers of commerce and government. Despite ongoing political and economic challenges, Pakistan remains a vibrant and diverse country with a rich cultural heritage.
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
While in Plato‘s time there may have been some truth to his belief that there can only be "one single justice, and one single law," such is not the case today. Criminal justice systems vary widely across the world in their approaches to the problem of crime. Bringing together the collective wisdom of Cliff Roberson and Dilip K. Das, two world
This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
This book offers a comprehensive analysis of the state of political institutions, the military establishment and political parties in Pakistan. It provides a nuanced understanding of the practices of disenfranchisement by theocratic governments in the country which has relegated the people to the margins of their society. The volume provides an in-depth account of the political history of Pakistan focusing not only on national politics and foreign policy but also on their congruences with subnational systems of governance, the criminal justice system, bureaucracy, the electoral system and the police. It discusses challenging issues plaguing the country such as the continued dominance of the military, lagging economic development, lack of accountability within political institutions, sectarianism and terrorism. The author dissects and critically examines Pakistan’s hegemonic politics and underlines the need for a new social contract based on the principles of inclusiveness and equality. The volume offers fresh perspectives on the multifaceted problems in Pakistan’s politics. It will be of great interest to policy practitioners and to academics and students of politics, law and governance, sociology, international relations, comparative politics, Pakistan studies and South Asia studies.
This introductory textbook provides students with a fundamental understanding of the social, political, and economic institutions of six South Asian countries: Afghanistan, Bangladesh, India, Nepal, Pakistan, and Sri Lanka. It adopts a broad theoretical framework and evaluates the opportunities and constraints facing South Asia’s states within the context of democracy. Key features include: An introduction to the region. The history and political development of these South Asian states, including evaluations of their democratic trajectories. The management of conflict, economic development, and extremist threats. A comparative analysis of the states. Projections concerning democracy taking into consideration the opportunities and constraints facing these countries. This textbook will be an indispensable teaching tool for courses on South Asia. It includes pedagogical features such as political chronologies, political party descriptions, text boxes, a glossary, and suggestions for further reading. Written in an accessible style and by experts on South Asian politics, it offers students of South Asian politics a valuable introduction to an exceedingly diverse region.
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This handbook showcases the rich varieties of legislatures that exist in Asia and explains how political power is constituted in 17 jurisdictions in East, Southeast and South Asia. Legislatures in Asia come in all stripes. Liberal democracies co-exist cheek by jowl with autocracies; semi-democratic and competitive authoritarian systems abound. While all legislatures exist to make law and confer legitimacy on the political leadership, how representative they are of the people they govern differs dramatically across the continent, such that it is impossible to identify a common Asian prototype. Divided into thematic and country-by-country sections, this handbook is a one-stop reference that surveys the range of political systems operating in Asia. Each jurisdiction chapter examines the structure and composition of its legislature, the powers of the legislature, the legislative process, thereby providing a clear picture of how each legislature operates both in theory and in practice. The book also thematically analyses the following political systems operating in Asia: communist regimes, liberal democracies, dominant party democracies, turbulent democracies, presidential democracies, military regimes and protean authoritarian rule. This handbook is a vital and comprehensive resource for scholars of constitutional law and politics in Asia.
Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries. This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.