The Honourable Ms. Justice Ayesha A. Malik has held that delays caused by the employer cannot be used as an excuse to deny or delay an […]
Revisiting District Bar Association v The Federation of Pakistan
The only aftermath of Twenty-Seventh constitutional amendment happens to be the re-emergence of the debate surrounding the scope of parliament’s amending power. This renewed relevance necessitates […]
Allocating Climate Burdens Fairly: The Role of CBDR in International Law
In its recent advisory opinion on States’ obligations in relation to climate change, the ICJ addressed several important dimensions of international environmental law. Most notably, it […]
Construction Works: Services or Goods?
After the 18th Amendment[1] to the Constitution[2], goods are taxed by the federal legislature, and the services by the provinces[3]. There is no concurrency in tax. For a particular transaction, the tax is either levied by the federal legislature, or by the provinces. Under the current framework, the supply of goods is taxed by the center under the Sales Tax Act, 1990. The provinces, after the 18th Amendment, have promulgated provincial legislations to bring the taxation on services within their provincial domain.
The Precautionary Principle in International Environmental Law
The precautionary principle is often underemphasized in discussions of international environmental law, but this principle is important as it shifts the burden of proof to those […]
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 […]
Fearing Purposivism: the Pakistani Supreme Court and its Overturning of Pragmatic Judgments
Introduction: Late Justice Antonin Scalia of the United States Supreme Court was a curmudgeonly textualist. So hardwired was he to his philosophy of textualism that any […]
Should AI Be a Legal Person? Why the Debate Exists and What We Really Need Instead
The public relationship with artificial intelligence is becoming deeply personal. When OpenAI’s GPT-4o was briefly taken offline, users did not simply complain about losing an app but described […]
STATEHOOD, RECOGNITION AND PEACE PLAN: INTERNATIONAL LAW PERSPECTIVE
Co-authored by Kamran Adil and Warda Kamran Adil INTRODUCTION Due to the application of Hans Kelsen’s theory in a foundational constitutional case in Pakistan, he is […]
Brain Gain: From Third World to First
The story of Singapore is spectacular. In one generation, it became immensely rich. As Lee Kuan Yew, the Prime Minister of Singapore from 1959 to 1990, […]
Ceding Territory Under Pressure and International Law
The month of August 2025 saw major political upheavals. First came the Alaska Summit, where President Trump met President Putin. Days later, in the White House, […]
Reserved Seats: Act III of the Constitutional Bench
The Supreme Court’s (‘SC’) recent review decision on the matter of reserved seats is as controversial as it is consequential. The review was heard and decided […]
Denial of At-Home Visitation and Its Psychological Impact: An Islamic Bioethical and Jurisprudential Perspective
Within Pakistan’s family justice framework, this article critically examines the emotional and psychological effects of denying non-custodial parents and grandparents meaningful at-home visitation rights. The child’s developmental, emotional, and spiritual requirements are not taken into account by the current judicial practice, which frequently consists of brief visits supervised by the court. The paper argues, based on Islamic bioethical principles and the goals of Islamic law (maqasid al-shar’iah), particularly the preservation of mental well-being (if al-nafs) and kinship ties (ilat al-ra’m), that restrictions like these not only harm child welfare but also go against the spirit of Shar’iah justice. The study, which combines jurisprudential analysis, case law, and empirical child development research, reveals a disconnect between current legal practice and the fundamental Islamic and constitutional mandates to ensure the holistic well-being of the child
The Merger That Never Merged
It was never just about maps. In 2018, the Federally Administered Tribal Areas merged into Khyber Pakhtunkhwa, a milestone many called overdue. FATA was no more, […]
Civil Court Jurisdiction in Pakistan: Shield or Maze?
The jurisdiction of a civil court in Pakistan is a foundational but unfortunately misunderstood area of law. While the Civil Procedure Code (CPC), 1908, (hereinafter referred […]
Climate Justice in The Hague: How ICJ Responded to the Global South’s Demands
On 23 July 2025, the International Court of Justice (ICJ) delivered its long-awaited advisory opinion on the obligations of states in relation to climate change. The […]
PECA Amendment 2025: Expanding Cybercrime Laws or Silencing Dissent?
The speedy enactment of the Prevention of Electronic Crime (Amendment) Act 2025 from the Parliament of Pakistan 2025 unfolded many tales. This Act, in its object […]