Read The Jurisprudence of Dissolutions: Presidential Power to Dissolve Assemblies Under the Pakistani Constitution and Its Discontents

The Jurisprudence of Dissolutions: Presidential Power to Dissolve Assemblies Under the Pakistani Constitution and Its Discontents

Osama Siddique

4.9/5 (32909 ratings)

Description:Review One"Pakistan's famous article 58-2B of its constitution that lies at the core of this book empowers the president to dissolve elected assemblies. Osama siddique brings to his admirable study of the jurisprudence of dissolution a high capacity for close probing and perceptive analysis of the work of the supreme court in its decisions on specific dissolutions. But this book achieves far more than a revealing legal comparison, analysis and evaluation of the judgments. It places the major events leading to and influenced by these judgments in a context that extends from Zia to Musharraf and that embraces several major crises in government. The issues and judgments cut to the very nature of pakistan's governing ideals and structures and to basic changes in them from the country's creation to the present.Throughout the book we are in the world not simply of law but of politics, political theory and constitutive understanding that shape the polity and deeply influence Pakistans political and moral character. The author's deep criticism of the jurisprudence within this dangerous field of constitutional law requires him to engage in this study the three branches of government and to some extent explore his own view of the appropriate relationships among them within democratic aspirations. This is a demanding enterprise and one that Siddique cogently and successfully executes to the great benefit of the reader."Henry J. SteinerProfessor Emeritus, Harvard Law SchoolApril 12, 2008Review Two"The tussle between democracy and authoritarianism in Pakistan is almost as old as the country itself. At the heart of this struggle has been the judiciary‟s role in legitimizing military interventions under spurious notions ranging from the doctrine of state necessity to new-fangled conceptions of public welfare. Using the insights of existing scholarship on the history and judiciary of Pakistan as well as his own extensive archival research, Osama Siddique sheds refreshing new light on the jurisprudence surrounding the controversial Article 58(2) (b) that empowers the president to dismiss popularly elected governments and legislatures.Thorough, methodical and dispassionate in approach, the author brings admirable clarity to a complex and confusing debate in Pakistan on the balance of powers between the president and the prime minister in an ostensibly parliamentary system of government. By carefully analyzing the consistencies and inconsistencies of the judicial arguments used in four different cases against the dissolution of elected governments and assemblies between 1988 and 1996, Osama Siddique probes whether 58(2) (b) is in fact the 'safety valve‟ against direct military rule that its proponents claim it is or an inherently unstable mechanism designed to undermine parliamentary democracy. His findings have a direct bearing on not just the history of jurisprudence in Pakistan but the very future of the country as it once again attempts to break out of the clutches of military authoritarianism to make the elusive transition to a working democracy capable of reflecting the aspirations of its people. This transition to a working democracy capable of reflecting the aspirations of its people. This excellent book is a must read for anyone interested in Pakistan‟s eventful judicial and political history."Ayesha JalalMary Richardson Professor of HistoryTufts UniversityApril 17, 2008Review Three "Now that the people of Pakistan have spoken, in unmistakable terms, for democracy – a government of the people, by the people, for the people – there is no more propitious moment for the publication of a book like “The Jurisprudence of Dissolutions,” a treatise on Article 58(2) (b) of the Constitution of Pakistan, 1973, and the decisions of the superior courts of Pakistan given in cases arising out of the orders dissolving the assemblies and dismissing the elected governments. Coming as it does from an academic, the treatise is all the more welcome. Academics have come to occupy an important place in the law development process and besides serving its avowed objectives, to which we shall revert, the treatise ought to serve as an exhortation to the academics in Pakistan to come forward and play theirrightful part in the law development process."The legacy of the most debated cases in the judicial history of Pakistan – the MaulviTamizuddin Khan case and the Governor-General’s Reference of 1954 – is the extraconstitutional doctrine of State or Civil Necessity; the principal use of that doctrine has been to validate military take-overs and extra-constitutional actions of the military rulers. An English author, S.A. de Smith, said that the Federal Court, “was able to discern legal continuity by invoking the doctrine of necessity to bridge the gap between the law and the facts of political life…” But the gap, it needs to be emphasized, was created by the Court‟s own interpretation. It is...We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Jurisprudence of Dissolutions: Presidential Power to Dissolve Assemblies Under the Pakistani Constitution and Its Discontents. To get started finding The Jurisprudence of Dissolutions: Presidential Power to Dissolve Assemblies Under the Pakistani Constitution and Its Discontents, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

Pages: 138

Format: PDF, EPUB & Kindle Edition

Publisher: Pakistan Law House

Release: 2008

ISBN: 9698372121

Description: Review One"Pakistan's famous article 58-2B of its constitution that lies at the core of this book empowers the president to dissolve elected assemblies. Osama siddique brings to his admirable study of the jurisprudence of dissolution a high capacity for close probing and perceptive analysis of the work of the supreme court in its decisions on specific dissolutions. But this book achieves far more than a revealing legal comparison, analysis and evaluation of the judgments. It places the major events leading to and influenced by these judgments in a context that extends from Zia to Musharraf and that embraces several major crises in government. The issues and judgments cut to the very nature of pakistan's governing ideals and structures and to basic changes in them from the country's creation to the present.Throughout the book we are in the world not simply of law but of politics, political theory and constitutive understanding that shape the polity and deeply influence Pakistans political and moral character. The author's deep criticism of the jurisprudence within this dangerous field of constitutional law requires him to engage in this study the three branches of government and to some extent explore his own view of the appropriate relationships among them within democratic aspirations. This is a demanding enterprise and one that Siddique cogently and successfully executes to the great benefit of the reader."Henry J. SteinerProfessor Emeritus, Harvard Law SchoolApril 12, 2008Review Two"The tussle between democracy and authoritarianism in Pakistan is almost as old as the country itself. At the heart of this struggle has been the judiciary‟s role in legitimizing military interventions under spurious notions ranging from the doctrine of state necessity to new-fangled conceptions of public welfare. Using the insights of existing scholarship on the history and judiciary of Pakistan as well as his own extensive archival research, Osama Siddique sheds refreshing new light on the jurisprudence surrounding the controversial Article 58(2) (b) that empowers the president to dismiss popularly elected governments and legislatures.Thorough, methodical and dispassionate in approach, the author brings admirable clarity to a complex and confusing debate in Pakistan on the balance of powers between the president and the prime minister in an ostensibly parliamentary system of government. By carefully analyzing the consistencies and inconsistencies of the judicial arguments used in four different cases against the dissolution of elected governments and assemblies between 1988 and 1996, Osama Siddique probes whether 58(2) (b) is in fact the 'safety valve‟ against direct military rule that its proponents claim it is or an inherently unstable mechanism designed to undermine parliamentary democracy. His findings have a direct bearing on not just the history of jurisprudence in Pakistan but the very future of the country as it once again attempts to break out of the clutches of military authoritarianism to make the elusive transition to a working democracy capable of reflecting the aspirations of its people. This transition to a working democracy capable of reflecting the aspirations of its people. This excellent book is a must read for anyone interested in Pakistan‟s eventful judicial and political history."Ayesha JalalMary Richardson Professor of HistoryTufts UniversityApril 17, 2008Review Three "Now that the people of Pakistan have spoken, in unmistakable terms, for democracy – a government of the people, by the people, for the people – there is no more propitious moment for the publication of a book like “The Jurisprudence of Dissolutions,” a treatise on Article 58(2) (b) of the Constitution of Pakistan, 1973, and the decisions of the superior courts of Pakistan given in cases arising out of the orders dissolving the assemblies and dismissing the elected governments. Coming as it does from an academic, the treatise is all the more welcome. Academics have come to occupy an important place in the law development process and besides serving its avowed objectives, to which we shall revert, the treatise ought to serve as an exhortation to the academics in Pakistan to come forward and play theirrightful part in the law development process."The legacy of the most debated cases in the judicial history of Pakistan – the MaulviTamizuddin Khan case and the Governor-General’s Reference of 1954 – is the extraconstitutional doctrine of State or Civil Necessity; the principal use of that doctrine has been to validate military take-overs and extra-constitutional actions of the military rulers. An English author, S.A. de Smith, said that the Federal Court, “was able to discern legal continuity by invoking the doctrine of necessity to bridge the gap between the law and the facts of political life…” But the gap, it needs to be emphasized, was created by the Court‟s own interpretation. It is...We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Jurisprudence of Dissolutions: Presidential Power to Dissolve Assemblies Under the Pakistani Constitution and Its Discontents. To get started finding The Jurisprudence of Dissolutions: Presidential Power to Dissolve Assemblies Under the Pakistani Constitution and Its Discontents, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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