The comparison between the 18th Amendment and the later 26th–27th Amendments becomes even sharper when examined through the lens of constitutionalism and the basic structure doctrine. […]
Basic Structure Theory – The Case of Pakistan
The debate over the “Basic Structure” of the Constitution of Pakistan resurfaces after every major constitutional amendment. The theory suggests that certain core features of a […]
Does the 26th Amendment Threaten Judicial Independence and the Rule of Law?
Abstract This article focuses on the recent Twenty Sixth Constitutional Amendment passed by the Pakistani Parliament. It has raised many eyebrows because of its effects on […]
The Case Against Dissolution of Local Governments
The Case Against Dissolution of Local Governments I – Introduction “Dissolution” is not something new to Pakistani law. The first time I read the word “writ” […]
Pakistan’s Case For Democracy
Pakistan’s Case For Democracy The American diplomat Richard Holbrooke pondered over a problem on an evening of September 1996 during the elections in Bosnia which were […]
The Basic Structure Debate
The Basic Structure Debate At a glance, I applaud the judges of the apex court for giving their decision on the 18th and 21st Amendments. The […]
Is The Doctrine Of “Separation Of Powers” Necessary For Smooth Functioning Of The State’s Affairs In This Modern Day Democracy? – Part II
Is The Doctrine Of “Separation Of Powers” Necessary For Smooth Functioning Of The State’s Affairs In This Modern Day Democracy? – Part II Some Articles […]
Basic Structure Theory – Part III
Difference between Constitutional Amendment and Ordinary Legislation The procedure and requirements of amending the Constitution and making an ordinary law is different. Therefore, an ordinary law […]
Basic Structure Theory – Part II
Basic Structure Theory – Part II The Basic Structure Theory has long been debated in the judicial history of Pakistan from the famous case of Asma […]
Why Democracy’s Case Against the Basic Structure Doctrine is Weak in Pakistan – Part II
Why Democracy’s Case Against the Basic Structure Doctrine is Weak in Pakistan – Part II I have argued earlier (in Part I of this comment) that […]
Basic structure Theory – Part I
Basic structure Theory – Part I Abstract: There is no such academic theory of Basic Structure in the constitutional jurisprudence of Pakistan, unlike India. Supreme Court […]
Basic Structure & The 21st Constitutional Amendment
Basic Structure & The 21st Constitutional Amendment The article analyses the constitutionality of recently passed Twenty First Amendment (hereinafter the “21st Amendment”) to the Constitution of […]
A Human Rights Perspective of the Supreme Court Verdict on the Basic Structure Doctrine
A Human Rights Perspective of the Supreme Court Verdict on the Basic Structure Doctrine In a recent verdict by the Supreme Court of Pakistan (SCP), the […]
Boundaries of Power: Limiting Constitutional Amendments in Pakistan
One fine evening in 399 BCE, as the sun was about to set, Socrates, son of Sophroniscus, drank a cup of hemlock and ended his life […]
What is Wrong With the NAB Ordinance?
What is Wrong With the NAB Ordinance? The National Accountability Bureau (NAB), an anti-corruption body formed to probe into matters pertaining to corruption of public office […]
Has the Judicial System Legitimized Undemocratic Systems in the Past?
Has the Judicial System Legitimized Undemocratic Systems in the Past? Introduction – Democracy and the Rule of Law Owing to constant unconstitutional behaviors in the past, […]
Objectives Resolution In Limbo
Objectives Resolution In Limbo The preamble of any constitution is its most important part as it highlights the fundamental principles and/or purposes which the constitution pursues […]