The Constitution of Pakistan: A Contextual Analysis (Constitutional Systems of the World)

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en Limba Engleză Paperback – 11 Jan 2018
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.
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ISBN-13: 9781849465861
ISBN-10: 184946586X
Pagini: 296
Dimensiuni: 138 x 216 x 10 mm
Greutate: 0.4 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Constitutional Systems of the World

Locul publicării: London, United Kingdom


An accessible and scholarly contextual analysis of the constitution of Pakistan in Hart Publishing's acclaimed series, Constitutional Systems of the World.

Notă biografică

Sadaf Aziz is Assistant Professor in the Shaikh Ahmed Hassan School of Law at Lahore University of Management Sciences (LUMS).


1. NASCENT STATEHOOD I. Pre-Colonial India II. Company Rule III. Regional Expansion IV. British Raj and Colonial Difference V. Constitutional End-Games VI. Partition Further Reading 2. STATE BUILDING AND CONSTITUTION MAKING I. Centralisation of Power II. Regionalism III. Islam IV. The 1956 Constitution V. Ayub and the 1962 ConstitutionVI. Yahya/Bangladesh VII. The 1973 Constitution Further Reading 3. REPRESENTATIVE GOVERNMENT I. Parliamentary Structure II. Parties and Politicians III. Electoral System IV. Parliamentary Democracy/Parties, Class, Etc Further Reading 4. EXECUTIVE GOVERNMENT I. Exceptional Powers II. A Militarised Executive III. Courts as Referees-Article 58(2)(b), President v PM IV. A Prime Ministerial Executive V. Taming the Executive VI. Presidential Ordinances Further Reading 5. THE JUDICIARY I. History and Structure of the Post-Independence Judiciary II. Military Loyalty III. The 1990s Judiciary IV. Chief Justice Iftikhar Chaudhry and Extensive Review V. The Lawyers' Movement and Judicialisation of Politics VI. Basic Structure VII. Judicial Independence Further Reading 6. FEDERALISM I. Political Structure of Federalism II. Exceptions to the Federal Formula III. Federal/Provincial Powers IV. Emergency V. Ethnic Conflict and the Federal Formula VI. Local Government Further Reading 7. RIGHTS: EQUALITY AND LIBERTY I. Rights and Review until 1973 II. The Structure of Fundamental Rights in the 1973 Constitution III. Gender Equality and Equality Law IV. Preventive Detention Further Reading 8. ISLAM I. Islam and State II. Zia and Islamisation III. Blasphemy IV. Musharraf Reform and After Further Reading CONCLUSION