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Courting Constitutionalism
Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft was long in the making. This book presents a deeply contextualised account of law in Pakistan and situates the judicial review jurisprudence of the superior courts in the context of historical developments in constitutional politics, evolution of state structures and broader social transformations. This book highlights that the bedrock of judicial review has remained in administrative law; it is through the consistent development of the 'Writ jurisdiction' and the judicial review of administrative action that Pakistan's superior courts have progressively carved an expansive institutional role and aggrandised themselves to the status of the regulator of the state.
Courting Constitutionalism
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Fundamental Rights and the Legal Obligations of Business
This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Pakistan
Describing Pakistan's likely future course, this book seeks to inform U.S. efforts to achieve an effective foreign policy strategy toward the country. The book forms an empirical analysis of developments in Pakistan and an assessment of the effectiveness of U.S. policy as of August 2009. Drawing on interviews of elites, polling data, and statistical data on Pakistan's armed forces, the book presents a political and political-military analysis. Primary data and analyses from Pakistanis and international economic organizations are used in the book's demographic and economic analyses. The book assesses Pakistan's own policies, based on similar sources, on government documents, and on the author...
From Victims to Suspects
Drawing on interviews and examples from across the globe, this book tackles the shifting narratives surrounding Muslim women Once regarded as passive victims waiting to be rescued, Muslim women are now widely regarded as arbiters of "terror" and a potential threat to be kept under control. Drawing on interviews and examples from around the world including Afghanistan, Pakistan, Europe, and North America, Shakira Hussein shows how this shift in attitude has taken place and how it impacts feminism, multiculturalism, race, and religion on a global scale. She argues that alongside the fear of Islamic terrorism is a growing fear of Islam as a cultural hazard that is undermining Western society from within. Muslim women, the transmitters of cultural practices, are frequently seen to play a key role in this. Hussein’s work makes for a compelling read, offering a unique perspective on what it means to be a Muslim woman post-9/11.
Political Conflict in Pakistan
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 ...
Impeachment in a Global Context
This volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these theme...
Atrocity Speech Law
This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
Contesting Feminisms
Contesting Feminisms explores how Asian Muslim women make decisions on appropriating Islam and Islamic lifestyles through their own participation in the faith. The contributors highlight the fact that secularism has provided the space for some women to reclaim their religious identity and their own feminisms. Through compelling case studies and theoretical discussions, this volume challenges mainstream Western and national feminisms that presume homogeneity of Muslim women's lives to provide a deeper understanding of the multiple realities of feminism in Muslim communities.
Seeking Supremacy
The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.
