Precedent In Pakistani Law PDF Download
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Author | : Dr. Muhammad Munir |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9780199068241 |
Download Precedent in Pakistani Law Book in PDF, ePub and Kindle
In the Common Law system, it is the doctrine of 'precedent' which courts depend upon, more than any other legal doctrine, while arriving at their decisions. The elements that constitute the doctrine of precedent are numerous and complex. Despite its considerable importance in the Pakistani legal system, the operation of this doctrine has so far drawn little academic attention. This work bridges that gap. It thoroughly examines the history, origin and context of this doctrine, as well as the rules which guide its operation in Pakistan in the Supreme Court, the High Courts, the Federal Shariat Court, and the various tribunals, with examples and analysis of case law. How is the ratio of a precedent case determined? What is the interpretation of Article 189 of the Constitution of Pakistan? Are decisions of the Supreme Court binding on the Supreme Court itself? Are the lower courts bound by the dictum of the Supreme Court? Are there decisions of the Supreme Court that are not binding on lower courts? What is the position of superior courts in India and Azad Jammu & Kashmir (AJK) on all these issues? What value should be attached to precedent in criminal cases? Can the Supreme Court, the High Courts, and the Federal Shariat Court overrule their own previous decisions? And is the practice of the higher courts in Pakistan - under Articles 189, 201 and 203 GG - in conformity with Islamic law? These are some of the questions, vital to understand the operation of precedent in Pakistani law, which are discussed in this work.
Author | : Ikram Ullah |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 486 |
Release | : 2021-06-18 |
Genre | : Law |
ISBN | : 9403517107 |
Download Arbitration Law of Pakistan Book in PDF, ePub and Kindle
Driven to a significant extent by Pakistan’s rapidly growing status in trade and economic partnerships – in particular considering the country’s role in the China and Pakistan Economic Corridor (CPEC) – interest in Pakistan’s dispute settlement regime is on the rise. This ground-breaking book, by Pakistan’s best-known arbitrator, practitioner, and legal scholar, is the first in any language to provide in-depth coverage of all significant topics of Pakistani law on both domestic and foreign arbitration, ranging from drafting of the arbitration agreement to the enforcement of arbitral awards. With comprehensive coverage of Pakistani statutes and case law affecting arbitration and bilateral investment treaties (BITs), the author describes and analyses such issues and topics as the following: concepts of separability, arbitrability, and competence-competence; rules governing the conclusion, interpretation, and enforcement of arbitration agreements; grounds on which courts assume jurisdiction; legal issues pertaining to the stay of court proceedings in relation to both domestic and foreign arbitration; constitution of arbitral tribunals; interim measures; judicial review of both domestic and foreign arbitral awards; and available remedies of appeal and revision. Positioned to become the preeminent authority on the arbitration law of Pakistan, this book will be welcomed not only by Pakistani practitioners, arbitrators, judges, students, and academics as the first practical guide to arbitration practice and procedure in their country but also by foreign practitioners approaching Pakistani courts seeking interim measures and enforcement of arbitration agreements and arbitral awards. In addition, both domestic and foreign businessmen will discover clear paths to well-informed decisions on investment and commercial issues involving Pakistan.
Author | : Hodkinson |
Publisher | : Routledge |
Total Pages | : 401 |
Release | : 1984 |
Genre | : Domestic relations |
ISBN | : 9780709912569 |
Download Muslim Family Law Book in PDF, ePub and Kindle
Author | : Lorne Neudorf |
Publisher | : Springer |
Total Pages | : 262 |
Release | : 2017-02-22 |
Genre | : Law |
ISBN | : 3319498843 |
Download The Dynamics of Judicial Independence Book in PDF, ePub and Kindle
This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.
Author | : Human Rights Watch (Organization) |
Publisher | : |
Total Pages | : 98 |
Release | : 2007 |
Genre | : Human rights |
ISBN | : |
Download Destroying Legality Book in PDF, ePub and Kindle
Author | : Osama Siddique |
Publisher | : Cambridge University Press |
Total Pages | : 489 |
Release | : 2013-06-20 |
Genre | : Law |
ISBN | : 1107245214 |
Download Pakistan's Experience with Formal Law Book in PDF, ePub and Kindle
Law reform in Pakistan attracts such disparate champions as the Chief Justice of Pakistan, the USAID and the Taliban. Common to their equally obsessive pursuit of 'speedy justice' is a remarkable obliviousness to the historical, institutional and sociological factors that alienate Pakistanis from their formal legal system. This pioneering book highlights vital and widely neglected linkages between the 'narratives of colonial displacement' resonant in the literature on South Asia's encounter with colonial law and the region's postcolonial official law reform discourses. Against this backdrop, it presents a typology of Pakistani approaches to law reform and critically evaluates the IFI-funded single-minded pursuit of 'efficiency' during the last decade. Employing diverse methodologies, it proceeds to provide empirical support for a widening chasm between popular, at times violently expressed, aspirations for justice and democratically deficient reform designed in distant IFI headquarters that is entrusted to the exclusive and unaccountable Pakistani 'reform club'.
Author | : Mark Tushnet |
Publisher | : Cambridge University Press |
Total Pages | : 415 |
Release | : 2015-09-17 |
Genre | : Law |
ISBN | : 1107068959 |
Download Unstable Constitutionalism Book in PDF, ePub and Kindle
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author | : Ahmad Atif Ahmad |
Publisher | : Bloomsbury Publishing |
Total Pages | : 225 |
Release | : 2017-10-12 |
Genre | : Religion |
ISBN | : 1474274528 |
Download Islamic Law Book in PDF, ePub and Kindle
Introducing undergraduate students to Islamic law, this accessible textbook does not presume legal or technical knowledge. Drawing on a comparative approach, it encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.
Author | : Martin Lau |
Publisher | : BRILL |
Total Pages | : 258 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9004149279 |
Download The Role of Islam in the Legal System of Pakistan Book in PDF, ePub and Kindle
Starting in 1947, this volume examines the way Pakistani judges have dealt with the controversial issue of Islam in the past 50 years. The book's focus on reported case-law offers a new perspective on the Islamisation of Pakistan's legal system in which Islam emerges as more than just a challenge to Western conceptions of human rights.
Author | : Dinshah Fardunji Mulla |
Publisher | : Legare Street Press |
Total Pages | : 0 |
Release | : 2022-10-27 |
Genre | : |
ISBN | : 9781016515955 |
Download Principles of Mahomedan Law Book in PDF, ePub and Kindle
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.