Abstract
Since its inception, Pakistan has been passing through a democratic transition. In
all its evolutionary phases, the democratic government had barely completed its
constitutional tenure and substituted with the military regimes. With the
establishment and validation of the military regimes, the military has not only
entrenched its authority in its direct rule but significantly transform its influence
to the civilian governments. Despite the fact that the Superior Courts validated
extra constitutional acts of the military, it has successfully curtailed unbridled
authority and transformative preservation of the military regimes. With validation
of each extra constitutional action, the Superior Courts have systematically
constrained the military’s authority. This article categorically examines the
leading constitutional cases whereby the judiciary validated extra constitutional
military’s actions and cases were the judiciary reinforced the democratic
governments by invalidating the military’s actions.
Bakht Munir, Ataullah Khan Mahmood. (2019) Evolution Of Democracy In Pakistan: A Case Law Study Of The Superior Courts Judgments, Journal of the Research Society of Pakistan, Volume 56, Issue 1.
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