Judging the State
Courts and Constitutional Politics in Pakistan

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

Paula R. Newberg (Author)

9780521452892, Cambridge University Press

Hardback, published 6 April 1995

300 pages
22.9 x 15.2 x 2.2 cm, 0.61 kg

"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

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.

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.

Subject Areas: Postwar 20th century history, from c 1945 to c 2000 [HBLW3], Asian history [HBJF]