Paula R. Newberg-Judging the State
For almost five decades, Pakistan has encountered frequent, unresolved political crises. They are woven into its concepts of political community, and have underscored uneasy relationships between state institutions and civil society. Pakistan's politics has also been characterised by incomplete constitution-making, a process that has placed the burden of constitutional interpretation and political change on state instruments ranging from the bureaucracy to the military to the judiciary. The superior courts in particular have played unusually important roles in determining the country's fate, often superseding legislatures and execu- tives alike. In a penetrating and comprehensive study of the ways in which the superior judiciary has mediated relationships between state and society, Paula Newberg demonstrates how the courts have influenced the structure of the state, and their evolving jurisprudence has fashioned Pakistan's constitutions and uncertain constitutionalism. By examining judicial decisions, including those that determined the fate of govern- ments, she explores the ways that the courts have affected fundamental rights, the practice of politics, and Pakistan's democratic prospects. Cambridge South Asian Studies Judging the state Cambridge South Asian Studies Editorial Board C.A. Bayly, G.P. Hawthorn, Gordon Johnson, S.J. Tambiah A list of the books in the series will be found at the end of the volume Judging the state Courts and constitutional politics in Pakistan Paula R. Newberg Carnegie Endowment for International Peace | CAMBRIDGE UNIVERSITY PRESS PUBLISHED BY THE PRESS SYNDICATE OF THE UNIVERSITY OF CAMBRIDGE The Pitt Building, Trumpington Street, Cambridge, United Kingdom CAMBRIDGE UNIVERSITY PRESS The Edinburgh Building, Cambridge CB2 2RU, UK 40 West 20th Street, New York NY 10011—4211, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia Ruiz de Alarcon 13,28014 Madrid, Spain Dock House, The Waterfront, Cape Town 8001, South Africa http://www.cambridge.org © Cambridge University Press 1995 This book is in copyright.
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