Role of the Supreme Court in the Constitutional and Political Development of Pakistan: History and Prospects

Fayyaz Ahmad Hussain, Abdul Basit Khan

Abstract


Pakistan has undergone the imposition of Martial Law for quite a few times. On these occasions, the then existing constitutions were either abrogated or held in abeyance and were partially applicable. Invariably these extra constitutional steps were challenged in the courts of law. The historical background of these cases had similarities and dissimilarities; nevertheless irrespective of similarities the courts of law examined these cases in somewhat different manner and from variant angles. Irrespective of the nature of their verdicts in these cases, the same had very serious impact and significant repercussions on the style and development of the political system in Pakistan. The aim of this study is to compare and contrast the background of the imposition of Martial Law in 1977 and military takeover of 1999 alongwith the verdicts of the superior judiciary when the same were challenged and brought before courts of law.      

 


Full Text: PDF DOI: 10.5539/jpl.v5n2p82

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Journal of Politics and Law ISSN 1913-9047 (Print) ISSN 1913-9055 (Online)

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