South Asian Studies, Vol 33, No 2 (2018)

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Judicial Activism in Pakistan: A Case Study of Supreme Court Judgments 2008-13

Kishwar Munir, Prof. Dr. Iram Khalid

Abstract


In Pakistan, The judiciary takes on the driving seat particularly in the last decade. The judiciary takes up all the cases of Public Interest litigation (PIL), ranges from the inconsequential cases of kite flying to the privatization of national institution and to the constitutional cases. This proactive role of judiciary has created apprehensions not only in Pakistan but at international leval too. The opponents of judicial activism hold that it cross its jurisdictional limits and interfere in the matters which are purely the prerogative of executive and legislature. The recurrent use of judicial powers by the Pakistan’s apex court under the suo moto jurisdiction has taken up all the matters i.e. social, economic, political and constitutional. Pakistan has adopted the parliamentary democracy under the separation of power. The proactive role of judiciary violates the very principle of this theory by crossing its limits. The present research focuses on (i) The concept, origin and scope of judicial activism (ii) The impact of judicial activism in the political, constitutional and democratic process of Pakistan. The research will conclude that judiciary needs to adopt the policy of self-restraint rather than self-indulgent. Adherence to the democratic principle of separation of powers completely, Pakistan can build a strong democratic political system

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