2021PAKISTAN LANGUAGES AND HUMANITIES REVIEWOpen access

Judicial Politics and Judicial Independence at Crossroads: A Study of Judicial Activism in Pakistan

Aatir Rizvi

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Abstract

Judicial activism is a philosophy where judges reach a particular decision by allowing their personal views regarding public policy along with other factors to guide their decisions.Pakistani judiciary has, during the last decade or so, become highly proactive and we have now seen a new phase called, Supreme Court Reborn.This new wave of judicial activism has on the one hand provided relief and confidence to the common people, but has also created issues for executive and legislature and suomotu has opened a new debate among legal fraternity, politicians and academicians.This work will highlight the importance of judicial activism and its impacts in Pakistan.The researcher will highlight the impacts of judicial activism and try to find the answer to the question, whether this tussle between different organs of the State, especially very pro-active judiciary will in future result in legislature and executive to go for revamping and restructuring of social contract i.e.Constitution of Pakistan.

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Judicial activism is a philosophy where judges reach a particular decision by allowing their personal views regarding public policy along with other factors to guide their decisions.Pakistani judiciary has, during the last decade or so, become highly proactive and we have now seen a new phase called, Supreme Court Reborn.This new wave of judicial activism has on the one hand provided relief and confidence to the common people, but has also created issues for executive and legislature and suomotu has opened a new debate among legal fraternity, politicians and academicians.This work will highlight the importance of judicial activism and its impacts in Pakistan.The researcher will highlight the impacts of judicial activism and try to find the answer to the question, whether this tussle between different organs of the State, especially very pro-active judiciary will in future result in legislature and executive to go for revamping and restructuring of social contract i.e.Constitution of Pakistan.

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Available abstract

Judicial activism is a philosophy where judges reach a particular decision by allowing their personal views regarding public policy along with other factors to guide their decisions.Pakistani judiciary has, during the last decade or so, become highly proactive and we have now seen a new phase called, Supreme Court Reborn.This new wave of judicial activism has on the one hand provided relief and confidence to the common people, but has also created issues for executive and legislature and suomotu has opened a new debate among legal fraternity, politicians and academicians.This work will highlight the importance of judicial activism and its impacts in Pakistan.The researcher will highlight the impacts of judicial activism and try to find the answer to the question, whether this tussle between different organs of the State, especially very pro-active judiciary will in future result in legislature and executive to go for revamping and restructuring of social contract i.e.Constitution of Pakistan.

Key concepts: Judicial activism, Judicial independence, Political science, Politics, Judicial discretion, Independence (probability theory), Law, Judicial opinion

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