Title: A Strong Judiciary in a ‘Weakening State’ (the 1990s)
Abstract: This chapter examines the rising ‘legalism,’ ‘constitutionalism,’ ‘strong’ and ‘activist’ judiciary within the ‘weakening’ state formation under the Structural Adjustment Policy (SAP) of the 1990s. The consolidation of the liberal legal project was now joined by thin ‘civil society’ NGOs. The Chief Justices Afzal Zullah (1990–1993) and Nasim Hassan Shah (1993–1994) strengthened the judiciary through PIL using Islamic provisions and the controversial Objectives Resolution. The judiciary bitterly fought elected governments and upheld the decisions of dissolutions of Assemblies by strong presidents particularly under Chief Justice Sajjad Ali Shah (1994–1997). This chapter thus offers a fresh new reading of the case law along with autobiographies and speeches of the Chief Justices which make very clear their contempt for politicians, and self-realization of their role in the era of neo-liberal political and economic development. The working class in this arrangement was dissipated into the ‘public’ and ‘citizenry’ and the perception was that only judges would watch out for their ‘interest.’
Publication Year: 2017
Publication Date: 2017-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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Cited By Count: 1
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