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Civil Society and the Lawyers’ Movement of Pakistan

Published online by Cambridge University Press:  27 December 2018

Abstract

This article examines the conditions under which judiciaries become politicized under authoritarian regimes, focusing on the 2007–2009 lawyers’ movement of Pakistan. The prodemocracy movement arose after the sacking of the Supreme Court Chief Justice by General Musharraf, and was remarkably successful in removing Musharraf and restoring the sacked judges. Although the conventional wisdom is that such judiciaries are quiescent, I argue that judicial actors can play important roles in democratization, but only under certain conditions. In the case of Pakistan, civil society actors were vital in helping the judiciary become politicized and in linking the lawyers’ movement to the larger cause of democratization. I argue that, otherwise, the lawyers’ movement could not have headed the movement that eventually led to the restoration of democracy. Specifically, I argue that civil society played a crucial role, framing the movement as broad, national, and prodemocracy, which enabled it to overthrow the authoritarian regime.

Type
Articles
Copyright
Copyright © American Bar Foundation, 2018 

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References

References

Ahmed, Zahid Shahab. 2010. Fighting for the Rule of Law: Civil Resistance and the Lawyers’ Movement in Pakistan. Democratization 17 (3): 492513.Google Scholar
Ali, Kamran Asdar. 2004. Pakistani Islamists Gamble on the General. Middle East Report 231(Summer): 27.Google Scholar
Asian Human Rights Commission. 2008. Pakistan: Lawyers’ Movement is the “Vanguard of Democracy.” Hong Kong: Asian Human Rights Commission, March 3. http://www.humanrights.asia/news/ahrc-news/AHRC-STM-053-2008 (accessed March 3, 2015).Google Scholar
Bolognani, Marta. 2011. Rang de Basanti in Pakistan? Elite Student Activism, the Emergence of a Virtual Globalised Public Sphere and the 2007 Emergency. In Pakistan and its Diaspora, ed. Bolognani, M. and Lyon, S., 1942. New York: Palgrave.Google Scholar
Carothers, Thomas. 1999. Think Again: Civil Society. Foreign Policy 1999–2000 (Winter): 18–29.Google Scholar
Cheema, Moeen H., and Gilani, Ijaz S., eds. 2015. The Politics and Jurisprudence of the Chaudhry Court 2003–2013. Karachi: Oxford University Press.Google Scholar
Dawn. 2015. Judicial Reform (editorial). Dawn, November 5, 2015. http://www.dawn.com/news/1217542 (accessed August 14, 2016).Google Scholar
Diamond, Larry. 1994. Rethinking Civil Society: Towards Democratic Consolidation. Journal of Democracy 5:418.Google Scholar
Economist. 2014. Why Pakistan's Army Wields So Much Power. Economist, September 20.Google Scholar
Foley, Michael W., and Edwards, Bob. 1996. The Paradox of Civil Society. Journal of Democracy 7 (3): 3852.Google Scholar
Ghani, Jawaid Abdul. 2014. The Emerging Middle Class in Pakistan: How it Consumes, Earns, and Saves. Paper given at the International Conference on Marketing, Institute of Business Administration, Karachi, Pakistan.Google Scholar
Ghias, Shoaib. 2010. Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan Under Musharraf. Law & Social Inquiry 35 (4): 9851022.Google Scholar
Ginsburg, Tom. 2012. Courts in New Democracies: New Works. Law & Social Inquiry 37 (3): 720–42.Google Scholar
Ginsburg, Tom, and Tamir, Moustafa. 2008. Introduction: The Functions of Courts in Authoritarian Politics. In Rule by Law: The Politics of Courts in Authoritarian Regimes, ed. Ginsburg, Tom and Moustafa, Tamir, 122. New York: Cambridge University Press.Google Scholar
Harvard Law Review. 2010. The Pakistani Lawyers Movement and the Popular Currency of Judicial Power. Harvard Law Review 123:1705–26.Google Scholar
Hilbink, Thomas. 2004. You Know the Type: Categories of Cause Lawyering. Law & Social Inquiry 29 (3): 657–98.Google Scholar
Huntington, Samuel. 1991. The Third Wave: Democratization in the Late Twentieth Century. Norman: University of Oklahoma Press.Google Scholar
Hussain, Miranda. 2007. Arriving at the Women Protection Act. Himal, January. http://old.himalmag.com/component/content/article/1128-rape-to-riches-to-the-women-protection-act.html (accessed May 13, 2015).Google Scholar
Jahangir, Asma. 2004. Mukhtar Mai: Challenging a Tribal Code of Honor. Time (Asia Edition), October 4.Google Scholar
Jalal, Ayesha. 2014. The Struggle for Pakistan: A Muslim Homeland and Global Politics. Cambridge, MA: Belknap Press of Harvard University Press.Google Scholar
Kalhan, Anil. 2013. “Gray Zone” Constitutionalism and the Dilemma of Judicial Independence in Pakistan. Vanderbilt Journal of Transnational Law 46:196.Google Scholar
Khan, Bashir Ahmed, and Faisal, Bari. 2004. Economic Challenges for a New Millennium. In Pakistan on the Brink: Politics, Economics, and Society, ed. Baxter, Craig, 131–54. Lanham, MD: Lexington Books.Google Scholar
Massoud, Mark Fathi. 2015. Book Review: Constitutions in Authoritarian Regimes, edited by Tom Ginsburg and Alberto Simpser, Cambridge: Cambridge University Press, 2013. Law & Society Review 49 (3): 804–07.Google Scholar
Moore, Barrington. 1966. Social Origins of Dictatorship and Democracy: Lord and Peasant in the Making of the Modern World. Boston: Beacon Press.Google Scholar
Moustafa, Tamir. 2003. Law Versus the State: The Judicialization of Politics in Egypt. Law & Social Inquiry 28 (4): 883930.Google Scholar
Moustafa, Tamir. 2007. The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. Cambridge: Cambridge University Press.Google Scholar
Musharraf, Pervez. 2004. A Plea for Enlightened Moderation. Washington Post, May 31. http://www.washingtonpost.com/wp-dyn/articles/A5081-2004May31.html (accessed April 14, 2015).Google Scholar
Nasr, Vali. 2004. Military Rule, Islamism, and Democracy in Pakistan. Middle East Journal 58 (2): 195209.Google Scholar
O'Donnell, Guillermo, and Philippe, Schmitter. 1986. Tentative Conclusions About Uncertain Democracies. In Transitions from Authoritarian Rule, ed. O'Donnell, Guillermo, Schmitter, Philippe, and Whitehead, Laurence, 373. Baltimore, MD: Johns Hopkins University Press.Google Scholar
Oldenburg, Philip. 2016. The Judiciary as a Political Actor. In Pakistan at the Crossroads: Domestic Dynamics and External Pressures, ed. Jaffrelot, Christopher, 100–05. New York: Columbia University Press.Google Scholar
Saleem, Sana. 2011. Going Back to Mukhtar Mai. Dawn, April 22. http://www.dawn.com/news/622934/going-back-to-mukhtar-mai (accessed August 16, 2015).Google Scholar
Sarwar, Beena. 2006. Fighting Hudood, Protecting Women. Himal, July. http://old.himalmag.com/component/content/article/1481-Fighting-Hudood,-protecting-women.html (accessed May 14, 2015).Google Scholar
Siddiqa, Ayesha. 2007. Military, Inc. Karachi: Oxford University Press.Google Scholar
Siddiqi, Faisal. 2008. The Lawyers’ Movement—Achievements and Challenges. Teeth Maestro, September 14. http://teeth.com.pk/blog/2008/09/14/the-lawyers-movement—achievements-and-challenges/(accessed February 25, 2015).Google Scholar
Stepan, Alfred J. 1988. Rethinking Military Politics: Brazil and the Southern Cone. Princeton, NJ: Princeton University Press.Google Scholar
Tarrow, Sidney. 2011. Power in Movement: Social Movements and Contentious Politics. Cambridge: Cambridge University Press.Google Scholar
Traub, James. 2008. The Lawyers’ Crusade. New York Times Magazine, June 1.Google Scholar
Weiss, Anita. 2012. Moving Forward with the Legal Empowerment of Women in Pakistan. Special Report 305. Washington, DC: US Institute of Peace.Google Scholar
Weiss, Anita, and Zulfiqar Gilani, S., eds. 2001. Power and Civil Society in Pakistan. Oxford: Oxford University Press.Google Scholar
Zaidi, Akbar. 2008. An Emerging Civil Society. Journal of Democracy 19 (4): 3840.Google Scholar
Zafar Ali Shah v. Musharraf, 2000 PLD SC 869 (Pak.).Google Scholar
Ahmed, Salahuddin. 2015. Personal interview with the author. March 4, 2015, Karachi.Google Scholar
Brohi, Nazish. 2015. Personal interview with the author. March 3, 2015, Karachi.Google Scholar
Haider, Wali. 2015. Personal interview with the author. April 9, 2015, Karachi.Google Scholar
Hoorain, Sundas. 2015. Personal interview with the author. March 13, 2015. Lahore.Google Scholar
Kamal, Anwar. 2015. Personal interview with the author. March 10, 2015, Lahore.Google Scholar
Malik, Munir. 2015. Personal interview with the author. March 7, 2015, Karachi.Google Scholar
Rizvi, Tahmasp. 2015. Personal interview with the author. March 6, 2015, Karachi.Google Scholar
Sadiq, Naeem. 2015. Personal interview with the author. March 19, 2015, Karachi.Google Scholar
Saeeda, Diep. 2015. Personal interview with the author. March 10, 2015, Lahore.Google Scholar
Zafar Ali Shah v. Musharraf, 2000 PLD SC 869 (Pak.).Google Scholar
Ahmed, Salahuddin. 2015. Personal interview with the author. March 4, 2015, Karachi.Google Scholar
Brohi, Nazish. 2015. Personal interview with the author. March 3, 2015, Karachi.Google Scholar
Haider, Wali. 2015. Personal interview with the author. April 9, 2015, Karachi.Google Scholar
Hoorain, Sundas. 2015. Personal interview with the author. March 13, 2015. Lahore.Google Scholar
Kamal, Anwar. 2015. Personal interview with the author. March 10, 2015, Lahore.Google Scholar
Malik, Munir. 2015. Personal interview with the author. March 7, 2015, Karachi.Google Scholar
Rizvi, Tahmasp. 2015. Personal interview with the author. March 6, 2015, Karachi.Google Scholar
Sadiq, Naeem. 2015. Personal interview with the author. March 19, 2015, Karachi.Google Scholar
Saeeda, Diep. 2015. Personal interview with the author. March 10, 2015, Lahore.Google Scholar