The Constitution of Pakistan: A Contextual Analysis by Sadaf Aziz (English) Pape

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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.

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Author Biography

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

Table of Contents

1. NASCENT STATEHOOD I. Pre-Colonial IndiaII. Company RuleIII. Regional ExpansionIV. British Raj and Colonial DifferenceV. Constitutional End-GamesVI. PartitionFurther Reading2. STATE BUILDING AND CONSTITUTION MAKING I. Centralisation of PowerII. RegionalismIII. IslamIV. The 1956 ConstitutionV. Ayub and the 1962 ConstitutionVI. Yahya/BangladeshVII. The 1973 ConstitutionFurther Reading3. REPRESENTATIVE GOVERNMENT I. Parliamentary StructureII. Parties and PoliticiansIII. Electoral SystemIV. Parliamentary Democracy/Parties, Class, EtcFurther Reading4. EXECUTIVE GOVERNMENT I. Exceptional PowersII. A Militarised ExecutiveIII. Courts as Referees—Article 58(2)(b), President v PMIV. A Prime Ministerial ExecutiveV. Taming the ExecutiveVI. Presidential OrdinancesFurther Reading5. THE JUDICIARY I. History and Structure of the Post-Independence JudiciaryII. Military LoyaltyIII. The 1990s JudiciaryIV. Chief Justice Iftikhar Chaudhry and Extensive ReviewV. The Lawyers' Movement and Judicialisation of PoliticsVI. Basic StructureVII. Judicial IndependenceFurther Reading6. FEDERALISM I. Political Structure of FederalismII. Exceptions to the Federal FormulaIII. Federal/Provincial PowersIV. EmergencyV. Ethnic Conflict and the Federal FormulaVI. Local GovernmentFurther Reading7. RIGHTS: EQUALITY AND LIBERTY I. Rights and Review until 1973II. The Structure of Fundamental Rights in the 1973 ConstitutionIII. Gender Equality and Equality LawIV. Preventive DetentionFurther Reading8. ISLAM I. Islam and StateII. Zia and IslamisationIII. BlasphemyIV. Musharraf Reform and AfterFurther ReadingCONCLUSION

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

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

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

Details ISBN184946586X ISBN-10 184946586X ISBN-13 9781849465861 Format Paperback Short Title CONSTITUTION OF PAKISTAN Series Constitutional Systems of the World Language English Media Book Author Sadaf Aziz Residence Greensboro, US Imprint Hart Publishing Subtitle A Contextual Analysis Place of Publication Oxford Country of Publication United Kingdom DEWEY 342.5491 Year 2018 Publication Date 2018-01-11 UK Release Date 2018-01-11 NZ Release Date 2018-01-11 Pages 296 Publisher Bloomsbury Publishing PLC Audience Tertiary & Higher Education AU Release Date 2017-12-13 We've got this

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