Skip to main content Accessibility help
×
Home
Hostname: page-component-55597f9d44-dfw9g Total loading time: 0.483 Render date: 2022-08-09T09:07:40.052Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

8 - Corporatist Governance

The ‘Chaudhry Court’ and ‘Judicial Proactivism’

Published online by Cambridge University Press:  16 December 2021

Moeen Cheema
Affiliation:
Australian National University, Canberra
David Dyzenhaus
Affiliation:
University of Toronto
Thomas Poole
Affiliation:
London School of Economics and Political Science
Get access

Summary

Chapter 8 identifies the key features of the 'proactivism' of the Chaudhry Court. A fluid and somewhat awkward balance of power appeared to have been reached wherein the military was dominant in some spheres but lacked the capacity to dictate its will wholesale to the other institutional complexes. It also appeared that the political elites and the judiciary had learned from the military’s historical success in safeguarding its institutional interests and were similarly acting coherently and strategically in the furtherance of their respective concerns. The resulting form of ‘corporatist’ governance gave the political system the kind of dynamic equilibrium that it had historically lacked. Given this fragmentation of institutional power, a resurrected Chaudhry Court found the space to engineer the second significant wave of the judicialisation of politics and governance in Pakistan. The judicial review practices entrenched by the court were largely predicated on the three historical strands of legality: namely, formal constitutionalism, administrative law and the review of police powers. The lasting legacy of the Chaudhry Court is a superior judiciary with a seemingly permanent place as a co-equal player in the state structure.

Type
Chapter
Information
Courting Constitutionalism
The Politics of Public Law and Judicial Review in Pakistan
, pp. 196 - 225
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Corporatist Governance
  • Moeen Cheema, Australian National University, Canberra, David Dyzenhaus, University of Toronto, Thomas Poole, London School of Economics and Political Science
  • Book: Courting Constitutionalism
  • Online publication: 16 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781108913065.009
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Corporatist Governance
  • Moeen Cheema, Australian National University, Canberra, David Dyzenhaus, University of Toronto, Thomas Poole, London School of Economics and Political Science
  • Book: Courting Constitutionalism
  • Online publication: 16 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781108913065.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Corporatist Governance
  • Moeen Cheema, Australian National University, Canberra, David Dyzenhaus, University of Toronto, Thomas Poole, London School of Economics and Political Science
  • Book: Courting Constitutionalism
  • Online publication: 16 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781108913065.009
Available formats
×