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Judging the State

Autor Paula R. Newberg
en Limba Engleză Hardback – noi 2010
For almost five decades, Pakistan has encountered frequent, unresolved political crises. They are woven into its concepts of political community, and have underscored uneasy relationships between state institutions and civil society. Pakistan's politics has also been characterised by incomplete constitution-making, a process that has placed the burden of constitutional interpretation and political change on state instruments ranging from the bureaucracy to the military to the judiciary. The superior courts in particular have played unusually important roles in determining the country's fate, often superseding legislatures and executives alike. In a penetrating and comprehensive study of the ways in which the superior judiciary has mediated relationships between state and society, Paula Newberg demonstrates how the courts have influenced the structure of the state, and their evolving jurisprudence has fashioned Pakistan's constitutions and uncertain constitutionalism. By examining judicial decisions, including those that determined the fate of governments, she explores the ways that the courts have affected fundamental rights, the practice of politics, and Pakistan's democratic prospects.
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Specificații

ISBN-13: 9780521452892
ISBN-10: 0521452899
Pagini: 300
Dimensiuni: 157 x 235 x 22 mm
Greutate: 0.64 kg
Ediția:New.
Editura: Cambridge University Press
Locul publicării:Cambridge, United Kingdom

Cuprins

Preface; Introduction; 1. Structuring the state; 2. Constituting the state (l947–1958); 3. Confining courts and constitutions (l958–1969); 4. Seeking justice (l969–1972); 5. Testing courts and constitutionalism (l972–1977); 6. Silencing courts, muting justice (l977–1988); 7. Reviving judicial powers (l988–1993); 8. Judging the state; Table of cases; Bibliography; Index.

Recenzii

"...argued with impressive skill and careful scholarship based on legal archives, published sources, and interviews." American Historial Review
"Newberg, a political scientist, has written a fascinating account of the delicate role played by the courts of Pakistan in mediating the relationship between state and society in a country faced by a history of civil unrest, social tension, and the absence of a constitutional consensus. ...clearly written...Newberg's book will be of interest to lawyers, judges, scholars, and politicians and is a major contribution to Pakistan studies." Choice
"This book is essential for anyone seeking to understand Pakistan. ...[Newberg's] study of how protagonists have tried to use the courts, and with what effects, conveys a keen appreciation of the predicaments of Pakistan and Pakistanis." Robin Jeffrey, Law & History Review

Descriere

This original study of the relationship between state and civil society in Pakistan demonstrates how the courts have influenced constitutional development and state structure.