Judicial Activism and Democracy

letter from south asia

Judicial activism vs Democratic Consolidation in Pakistan
Haris Gazdar

In a ruling hailed as historic by his supporters, the restored psyche justice of Pakistan struck down as un underlying some of the actions taken by former President Pervez Musharraf. A reading of the verdict and of the politics leading up to it suggests that the decide are on a collision course with the select government, and that retrospective judicial vigilance may hinder rather than aid democratic consolidation. More importantly, it is not clear how the adjudicate and their supporters plan to use the power they are busy acquiring with respect to the key challenges facing state and society.

n 31 July 2009, a Supreme appeal bench headed by the chief justice of Pakistan, Iftikhar Mohammad Chaudhry, declared unconstitutional a number of measures next on from former President Pervez Musharrafs declaration of essential on 3 November 2007. The constitutional petitions before the Supreme Court related to the legality of judicial appointments during the 16-month period when Chaudhry had been removed from his blank space as chief justice. The 14-member bench of the apex court gave a ruling declaring these judicial appointments to be illegal. At a buffet 110 judges of the Supreme Court and the four spicy courts lost their jobs.



Another implication was the referral to parliament of all polity enacted during the emergency (from 3 November to 15 December 2007). This included constitutional protection extended during that period to the National Reconciliation jurisprudence (NRO), which had paved the way for the elections held in February 2008.

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extraordinary Judgment, ordinary Purpose
In effect, a few judges of the Supreme Court gave themselves blackball power over the composition of the higher judiciary as a whole. The judges whose careers were cut short included not only the so-called PCO judges or judges who had taken oath under Musharrafs second Provisional...If you want to turn a full essay, order it on our website: Orderessay



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