The Constitution of Pakistan: A Contextual Analysis

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Preface Acknowledgements Contents Table of Cases Table of Legislation 1. Nascent Statehood I. Pre-Colonial India II. Company Rule III. Regional Expansion IV. British Raj and Colonial Difference V. Constitutional End-Games VI. Partition Further Reading 2. State Building and Constitution Making I. Centralisation of Power II. Regionalism III. Islam IV. The 1956 Constitution V. Ayub and the 1962 Constitution VI. Yahya/Bangladesh VII. The 1973 Constitution Further Reading 3. Representative Government I. Parliamentary Structure II. Parties and Politicians III. Electoral System IV. Parliamentary Democracy/Parties, Class, Etc Further Reading 4. Executive Government I. Exceptional Powers II. A Militarised Executive III. Courts as Referees-Article 58(2)(b), President v PM IV. A Prime Ministerial Executive V. Taming the Executive VI. Presidential Ordinances Further Reading 5. The Judiciary I. History and Structure of the Post-Independence Judiciary II. Military Loyalty III. The 1990s Judiciary IV. Chief Justice Iftikhar Chaudhry and Extensive Review V. The Lawyers’ Movement and Judicialisation of Politics VI. Basic Structure VII. Judicial Independence Further Reading 6. Federalism I. Political Structure of Federalism II. Exceptions to the Federal Formula III. Federal/Provincial Powers IV. Emergency V. Ethnic Conflict and the Federal Formula VI. Local Government Further Reading 7. Rights: Equality and Liberty I. Rights and Review until 1973 II. The Structure of Fundamental Rights in the 1973 Constitution III. Gender Equality and Equality Law IV. Preventive Detention Further Reading 8. Islam I. Islam and State II. Zia and Islamisation III. Blasphemy IV. Musharraf Reform and After Further Reading Conclusion Index