Skip to main content Accessibility help
×
Home
Hostname: page-component-55597f9d44-qcsxw Total loading time: 15.825 Render date: 2022-08-08T15:56:15.301Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

3 - Martial Rule

Military–Bureaucratic Authoritarianism and ‘Basic’ Constitutionalism

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 3 charts the consolidation of judicial review during the first period of direct and indirect martial rule under the Ayub regime (1958–1968). Despite the military–bureaucratic authoritarianism of the Ayub era and the judicial validation of Martial Law, the courts managed to preserve the judicial review of bureaucratic action. The exercise of the Writ jurisdiction aligned with the priorities of a Martial Law regime that was attempting to subdue and co-opt a hitherto powerful bureaucracy. In the post-Martial Law phase, the promulgation of the 1962 Constitution provided the courts with the basis to consolidate the foundations of the Writ jurisdiction along three axes – formal constitutionalism, administrative law and procedural safeguards against the abuse of public order and state security laws – which have remained at the core of the superior courts’ definition of rule of law in the decades since.

Type
Chapter
Information
Courting Constitutionalism
The Politics of Public Law and Judicial Review in Pakistan
, pp. 57 - 83
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.

  • Martial Rule
  • 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/10.1017/9781108913065.004
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.

  • Martial Rule
  • 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/10.1017/9781108913065.004
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.

  • Martial Rule
  • 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/10.1017/9781108913065.004
Available formats
×