Abstract
In constitutional history of Pakistan, judiciary significantly contributed in shaping and re-shaping of
state organs. After restoration of de jure judiciary in 2009, it has exceptionally secured autonomy from military
as well as civilian governments. The emergence of proactive judiciary divided legal scholarship into two
competing discourses: proponents and opponents of judicial activism. The proponents justified this judicial
activism for democratic consolidation and constitutionalism whilst the opponents considered it as a tool to
undermine civilian government at the expense of its autonomy with the help of selective adjudication. Excessive
judicial activism creates impediments for other state organs and may create public distrust in elected
representatives at the cost of nonelected despots. The research at hand aims to investigate both these concepts
with the help of qualitative research methodology and identifies potential issues associated with the prevalent
institutional transition. The research suggests how these two extremes regarding judicial activism could be
adjusted through logical interpretation of the arguments with the help of more convincing hypothetical
assumption, avoiding prospects of institutional disequilibrium.
Bakht Munir, Naveed Ahmad, Ali Nawaz Khan. (2021) Judicial Activism, Selectivism, And Executive’s Functional Space: A Critical Appreciation In The Context Of Pakistan, Journal of the Research Society of Pakistan, Volume-58, Issue-1.
-
Views
681 -
Downloads
131
Article Details
Volume
Issue
Type
Language
