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7 - Reviving judicial powers (1988–1993)

Published online by Cambridge University Press:  06 January 2010

Paula R. Newberg
Affiliation:
Carnegie Endowment for International Peace, Washington DC
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Summary

What parents sowed, the children reap.

Who's the benefactor? Who the thief?

When the corn came in, the knives came out;

Brother fought brother for every sheaf.

One sinned, another bears the grief.

What parents sowed, the children reap.

Bulleh Shah, “Heritage.”

Courts do not exist in isolation. Judges are part of the society in which we all live.

Justice Dorab Patel

From the time that martial law was formally lifted at the end of 1985, the transition to mixed civil–military governance was complicated by constitutional structures that General Zia had hoped would simplify his post-martial law tenure. He tried to achieve a balance between military rule and limited civilian participation in government, relying on constitutional amendments, implementing laws and selected military regulations rather than the full force of martial law. Although General Zia absorbed some lessons of past transitions – including providing immunity from prosecution for government officials once the protections of military rule was gone – establishing control over the pace and content of change was virtually impossible. Petitioners and courts alike soon realized that these same laws provided the means, although occasionally tortuous, to unravel the web of restrictions covered by the eighth amendment. The courts therefore became vehicles for altering the relationship between state and citizen under a constitutional order otherwise inaccessible to challenge; individuals sought relief from the courts when none was available elsewhere.

Type
Chapter
Information
Judging the State
Courts and Constitutional Politics in Pakistan
, pp. 200 - 232
Publisher: Cambridge University Press
Print publication year: 1995

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