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Strengthening Governance through Access to Justice
This book tries to reunite and rebuild faith in public institutions by highlighting the availability of judicial remedies for the poor and the excluded in South Asia. The central idea of this book is the inevitable link between judicial capacity and good governance. It critically discusses the state of ‘access to justice’ to the poor and addresses the problems of various structures and procedures approached by the poor to seek justice. The formal system remains locked in the whimsical fantasies of the lawyers and the state structure which aborts the rule of law for the privileged and works in open defiance of the increasing disempowerment of the poor due to an overwhelming judiciary. Thi...
A Judge Speaks Out
Followed by the storming of the Supreme Court of Pakistan." "Landmark judgments that affect society and the culture of jurisprudence are discussed in detail. Describing some highly critical events in the history of our judiciary, Chief Justice Ajmal Mian shares with the reader his legal perspective on this to help dispel the mist of confusion surrounding the role of Judiciary in this country. Issues such as the separation of Judiciary from Executive; the Eighth Constitutional Ameendment; the Judges' Case; Contempt of Court proceedings against the Prime Minister and others; Imposition of Emergency; Anti-Terrorist Act; Military Courts; Making Fundamental Rights applicable to people of Northern Areas; and Freezing of Foreign Exchange Accounts complete this comprehensive account."--BOOK JACKET.
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.
Anti-suit Injunctions in International Arbitration
IAI Series No. 2 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA), was created to promote exchanges in international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About...
Law, State and Inequality in Pakistan
Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the ‘corrupt politicians and stubborn bureaucracies’ in the World Bank’s ‘Good Governance’ paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book’s core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored ‘rule of law’ judicial reforms.
My Life:living Through Pakistan's Traumas
In this autobiographical, historical and analytical perspective on Pakistan, Najm takes a closer look at the judicial revolution in Pakistan. Pakistani Judiciary becomes the reader's navigator through meandering paths of Pakistan's internal battles for institutional growth. This is also a diplomat's view of the socio-historical evolution of Pakistan. His outlook combines an insider's insights and limitations with an extensive historical and cultural learning process that includes living, working and pursuing academic interests abroad. He also unravels fundamental contradictions that militate against emergence of equitable educational opportunities in Pakistan. He meets thus a general reader, a policy maker, legal community abroad and at home, democracy advocates, the Diaspora, the students and analysts on their turf. Born in Multan, Pakistan, Najm is currently a candidate for MA in Law and Diplomacy, at The Fletcher School of Law and Diplomacy, Tufts University.
Pakistan in an Age of Turbulence
A detailed and graphic personal and family history within a national and international context. It mirrors and brings to life the modern and contemporary history of the Indian sub-continent and of India and Pakistan, and the dramatic birth-struggles of both major nation states dominating South Asia. And the complex racial, religious and ethnic mix was central to turbulent politics and Islamic identity is a factor in international politics. The overshadowing influence of the British Indian Empire was a constant factor and sets the context. The huge upheaval and tragedy of Partition is at the heart of the story with the flight of an influential Muslim population, advanced in education and culture and prominent in the professions, to Pakistan to form a new state, liberal in form but Islamic in confession. Here is a vivid and attractive personal family life followed by distinguished state service, laying bare the modern political history of Pakistan from the inside with sharp and decisive insight, including the promise and tragedy of the Bhutto era, the excesses and cruel extremism of the Ziaul Haq regime, and the struggle of the return to democracy in Pakistan.
The Politics of Religion in South and Southeast Asia
The notion of a ‘politics of religion’ refers to the increasing role that religion plays in the politics of the contemporary world. This book presents comparative country case studies on the politics of religion in South and South Asia, including India, Pakistan and Indonesia. The politics of religion calls into question the relevance of modernist notions of secularism and democracy, with the emphasis instead on going back to indigenous roots in search of authentic ideologies and models of state and nation building. Within the context of the individual countries, chapters focus on the consequences that politics of religion has on inclusive nation-building, democracy and the rights of individuals, minorities and women. The book makes a contribution to both the theoretical and conceptual literature on the politics of religion as well as shed light on the implications and ramifications of the politics of religion on contemporary South Asian and South East Asian countries. It is of interest to students and scholars of South and South East Asian Studies, as well as Comparative Politics.
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