Judicial Populism and Its Impact on the Quality of Democracy in Pakistan

Aasiya Riaz

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Chapter 4 Judicial Populism and Its Impact on the Quality of Democracy in Pakistan

于Populism in Asian Democracies

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Aasiya Riaz

Aasiya Riaz
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类型:: 章节

Page Range:: 80–94

DOI:: https://doi.org/10.1163/9789004444461_006

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Abstract

Pakistani politics, since Pakistan’s formation, has always been intertwined with the country’s military; between 1947 and 2018, no prime minister has been able to complete constitutional tenure of the office, and the courts have yielded to the ascendancy of the military in Pakistan. The Supreme Court disqualified yet another prime minister in 2017, Nawaz Sharif. Given the executive’s inability to take active control of the country’s politics, this chapter seeks to explore active judicial populism in Pakistan and its impacts on Pakistani democracy from May 2017 (since the dismissal of Nawaz Sharif) to April 2018, by analyzing the causes and the motivating factors and developments that have led members of the judiciary to practice judicial populism. It finds that while judges are trying to reframe the Supreme Court as the “People’s Supreme Court” to gain better public support, the court has taken a more openly partisan stance that has served to weaken democracy in Pakistan. Judicial activism, as defined in this chapter, has only led to other democratic institutions being attacked; the Supreme Court has been abusing the high popularity rate it has gained and trying to weaken other representative institutions for its own benefit. Experts have agreed that the abuse of suo motu and other populist actions by the judiciary can be best stopped by introducing reforms and each institution working within its constitutionally mandated domain.

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Populism in Asian Democracies

Features, Structures, and Impacts

丛编： Global Populisms, 卷： 1

ISBN:: 9789004444461

出版社:: Brill

印刷出版日期:: 18 Dec 2020

Subjects
- Social Sciences

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Chapter 4 Judicial Populism and Its Impact on the Quality of Democracy in Pakistan

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Populism in Asian Democracies

Features, Structures, and Impacts

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