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4 - Elective Dictatorship

Socialist Populism and the Myth of a Consensus Constitution

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
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Summary

As Pakistan emerged from the shadows of military rule, dismembered and disenchanted, democratic governance and progressive politics promised a better future for the masses. The adoption of Pakistan’s first constitution by an elected assembly in 1973 added to the optimism for constitutionalism and rule of law. This optimism was quickly dispelled as the elected government of Zulfiqar Ali Bhutto (1970–76) proved itself to be as authoritarian as its predecessors and very much within the mould of postcolonial governance. The courts, which attempted to rely on the new constitution to protect fundamental liberties and provide a voice to the opposition, were soon undermined by constitutional amendments designed to curtail judicial review. Chapter 4 describes this failure of formal democratic constitutionalism in the face of an elective dictatorship. It also charts how, nonetheless, the superior courts insisted on minimal procedural safeguards against the enforcement of state security and public order laws and pushed the envelope of the judicial review of executive action.

Type
Chapter
Information
Courting Constitutionalism
The Politics of Public Law and Judicial Review in Pakistan
, pp. 84 - 107
Publisher: Cambridge University Press
Print publication year: 2021

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  • Elective Dictatorship
  • 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/10.1017/9781108913065.005
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  • Elective Dictatorship
  • 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/10.1017/9781108913065.005
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.

  • Elective Dictatorship
  • 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/10.1017/9781108913065.005
Available formats
×