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Azeem Muhammad. Law, State and Inequality in Pakistan: Explaining the Rise of the Judiciary. Springer Singapore,2017. — 289 p.. 2017

Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the ‘corrupt politicians and stubborn bureaucracies’ in the World Bank’s ‘Good Governance’ paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book’s core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored ‘rule of law’ judicial reforms.

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Acknowledgements

About the Author

Part I Law Under Modernization: Foundational Discourse (1947-1990)

Chapter 1 The Law and Judiciary in Pakistan Beyond a Liberal Understanding

The Liberal Legal Project in Pakistan

Theoretical Grasp of the Liberal Legal Project in Pakistan

Legal Analysis in Relation to State and Society: Theoretical Departure from Liberal Legal Analysis

A New Theoretical Understanding of State and Politics of Postcolonial Pakistan

Chapter 2 Law in the Era of Capitalist Modernization (1947-1960s)

From the 1940s to 1960s, Pakistan moved from being under British colonial rule to coming under the influence of the United States (U.S.).

Law and State During Colonial Rule

Did Pakistan Inherit a Good Judicial System?

Modernizers Even Before Modernization

Class Formation Behind ‘Overdeveloped’ State

Pindi Conspiracy Case

Moulvi Tamizuddin Khan Case

The Judiciary as a Part of Juridico-Bureaucratic State Structure

The Significance of the Shift in Hegemonic Influence from U.K. to U.S.

1958—General Ayub’s Coup (Dosso Case)

Democracy and Fundamental Rights in Political Development: A Critical Appraisal of Munir, Cornelius and Kayani CJs

The Collapse of Modernization and Revisiting the Role of Law

Chapter 3 Law Under Bhutto's Socialism (1970-1980s)

Judiciary Confronting Popular Democracy: 1968-1973

Democratic Deficit Under Bhutto and the Return of Strong Judiciary: 1973-1977

Juridico-Bureaucratic Cornelius Tradition Restored (1980s)

Revival of the Constitution of 1973 Order, 1985-RCO: A Perfection of the U.S. Type Presidential System and Islam of Cornelius Tradition (1985-1988)

Public Interest Litigation (PIL): A Deficit for Democracy, Dying Working Class Politics and the Emergence of Middle Class

The Rise of Liberal and Quasi-Iiberal (Islamic) ‘Legalism’ and the Dying Working Class Struggle

Part II Law Under Neo-Liberal Development: Rights for Democratic Deficit (1990-2008)

Chapter 4 A Strong Judiciary in a ‘Weakening State (the 1990s)

In the 1990s and 2000s, the judiciary evolved through a number of stages.

Class Formations Under Neo-liberalism

Judiciary in Transitional Governance (1988-1990)

The First Regime of Nawaz Sharif (1990-93): Separating the Powers in a Weakening State

Benazir Bhutto’s Second Term (1993-96): The Judiciary and Democracy Confrontation

Nawaz Sharif’s Second Term (1997-1999)

The Mid-1990s: Crucial Years for Public Interest Litigation

‘Good Governance’: A Class Explanation of Musharraf’s Coup (October, 1999)

Chapter 5 Good Governance by Judiciary—The 2000s

After the painful struggles against four democratic regimes in 10 years, the judiciary was more than ready to welcome the coup of General Musharraf.

Institutional Rearrangement: Installing the Governance Structure

State Formation in the Era of Good Governance

Judicial Decisions Under Dictatorship: Restoring the Juridico-Bureaucratic Structure

Class Formations Under ‘Good Governance’

Judiciary as Custodian of Global Modernity Under ‘Good Governance’: Steering the Juridico-Bureaucratic Structure (2000-2006)

Lawyers’ Movement: From Supremacy of the Constitution to Supremacy of the ‘Rule of Law’

After the Lawyers’ Movement: Reclaiming Parliamentary Sovereignty

‘Loud’ Rights in a ‘Shallow Democracy’: A Structural Analysis

Chapter 6 Some Theoretical Implications

A Departure from a ‘Liberal’ Analysis About Pakistan

Theoretical Implications for Law and Development, Looking at the Work of Douglas North, Brian Tamanaha, David Trubek

Post-Development, TWAIL and Critical Legal Studies

Social Change Beyond Law: Final Reflections

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