Seeking Supremacy
The Pursuit of Judicial Power in Pakistan

Develops a framework to explain shifts in judicial assertiveness towards militaries, using Pakistan as an illuminating case study.

Yasser Kureshi (Author)

9781316516935, Cambridge University Press

Hardback, published 15 September 2022

234 pages, 6 b/w illus. 10 tables
23.5 x 15.9 x 2.1 cm, 0.59 kg

'A superb study of the construction of judicial power in Pakistan, Seeking Supremacy shines a bright light on a crucial question in constitutional politics: how does a court consolidate power? Yasser Kureshi blends in-depth interviews, archival research, constitutional comparisons, and doctrinal analysis in this beautifully written model for socio-legal inquiry. Strongly recommended!' Richard Albert, Professor of World Constitutions and Director of Constitutional Studies, The University of Texas at Austin

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.

1. Judiciary, Rule of Law and the Military
2. The Loyal Court (1947–1977)
3. The Controlled Court (1977–1999)
4. Between the Barracks and the Bar (1977–1999: Part 2)
5. The Confrontational Court (1999–2017)
6. Epilogue: A Judiciary Fragmenting?
7. Conclusion and Comparative Perspectives
Appendix Structure of Pakistani Judiciary.

Subject Areas: Systems of law [LAF], Jurisprudence & philosophy of law [LAB], Law [L], Political structure & processes [JPH], Sociology [JHB], Social & political philosophy [HPS], Regional & national history [HBJ]