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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.
This volume provides a contextual account of Pakistan's constitutional laws and history. It aims to describe the formal structure of government in reference to origins that are traced to the administrative centralisation and legal innovations of colonial rule. It also situates the tide of Muslim nationalism that gave rise to the nation of Pakistan within a terrain of nascent constitutionalism and its associated promises of representation. The post-colonial history of the Pakistani state is charted by reference to succeeding constitutions and the distribution of powers between the major branches of government that they augured. Where conventional histories often suggest that constitutionalism in Pakistan is to be solely understood by reference to a cycle of abidance and rupture, and in the oscillation between military and civilian rule, this volume also accounts for the many points of continuity between regime types. The contours of a broader constitutionalism come to light in the ways in which state power is wielded at different periods and in the range of contests – economic, political and cultural – through which some of this power is sought to be dispersed. Chapters on Rights, Federalism and Islam detail the contextual features of some of these contests and the normative, legal parameters through which they are provisionally settled.
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.
Constitutional and Political History of Pakistan, Second Edition, analyzes constitutional development in Pakistan from its conception to the present day. It provides a case-by-case account of constitution-making in Pakistan and includes all pertinent documentation regarding this area of study. Author Hamid Khan explains constitutional developments in the context of the social and political events that shaped them, focusing on constitutional and political history and constitutional development concurrently. He includes a liberal humanitarian reading of the travails of lawmakers and the roles that generals, politicians, and bureaucrats play in implementing these laws. The second edition includes a chapter on the analysis of constitutional and political issues during the last sixty-one years.
This book is a comprehensive study of Pakistan's judicial history since Independence. It includes detailed discussion of the act, lives, and judgments of significant Pakistani judges, with their continuing effects on the life of the nation.
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.
Presents a deeply contextualized account of public law and judicial review in Pakistan.
The question of why some countries have democratic regimes and others do not is a significant issue in comparative politics. This book looks at India and Pakistan, two countries with clearly contrasting political regime histories, and presents an argument on why India is a democracy and Pakistan is not. Focusing on the specificities and the nuances of each state system, the author examines in detail the balance of authority and power between popular or elected politicians and the state apparatus through substantial historical analysis. India and Pakistan are both large, multi-religious and multi-lingual countries sharing a geographic and historical space that in 1947, when they became independent from British rule, gave them a virtually indistinguishable level of both extreme poverty and inequality. All of those factors militate against democracy, according to most theories, and in Pakistan democracy did indeed fail very quickly after Independence. It has only been restored as a façade for military-bureaucratic rule for brief periods since then. In comparison, after almost thirty years of democracy, India had a brush with authoritarian rule, in the 1975-76 Emergency, and some analysts were perversely reassured that the India exception had been erased. But instead, after a momentous election in 1977, democracy has become stronger over the last thirty years. Providing a comparative analysis of the political systems of India and Pakistan as well as a historical overview of the two countries, this textbook constitutes essential reading for students of South Asian History and Politics. It is a useful and balanced introduction to the politics of India and Pakistan.
Pakistan’s 2018 general elections marked the second successful transfer of power from one elected civilian government to another—a remarkable achievement considering the country’s history of dictatorial rule. Pakistan’s Political Parties examines how the civilian side of the state’s current regime has survived the transition to democracy, providing critical insight into the evolution of political parties in Pakistan and their role in developing democracies in general. Pakistan’s numerous political parties span the ideological spectrum, as well as represent diverse regional, ethnic, and religious constituencies. The essays in this volume explore the way in which these parties both contend and work with Pakistan’s military-bureaucratic establishment to assert and expand their power. Researchers use interviews, surveys, data, and ethnography to illuminate the internal dynamics and motivations of these groups and the mechanisms through which they create policy and influence state and society. Pakistan’s Political Parties is a one-of-a-kind resource for diplomats, policymakers, journalists, and scholars searching for a comprehensive overview of Pakistan’s party system and its unlikely survival against an interventionist military, with insights that extend far beyond the region.
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.