ISSN (Print): 2708-6453 | ISSN (Online): 2708-6461 | ISSN-L: 2708-6453

Judicial Politics and Judicial Independence at Crossroads: A Study of Judicial Activism in Pakistan

Authors

Aatir Rizvi
Ph.D. Scholar, Department of Political Science, University of the Punjab, Lahore, Punjab, Pakistan
Dr. Rehana Saeed Hashmi
Associate Professor, Department of Political Science, University of the Punjab, Lahore, Punjab, Pakistan

Keywords

Judicial Activism Judicial Restraint Judicial Review Public Interest Litigation Suo Motu

Abstract

Judicial activism is a philosophy where judges reach a particular decision by allowing their personal views regarding public policy along with other factors to guide their decisions. Pakistani judiciary has, during the last decade or so, become highly proactive and we have now seen a new phase called, Supreme Court Reborn. This new wave of judicial activism has on the one hand provided relief and confidence to the common people, but has also created issues for executive and legislature and suo-motu has opened a new debate among legal fraternity, politicians and academicians. This work will highlight the importance of judicial activism and its impacts in Pakistan. The researcher will highlight the impacts of judicial activism and try to find the answer to the question, whether this tussle between different organs of the State, especially very pro-active judiciary will in future result in legislature and executive to go for revamping and restructuring of social contract i.e. Constitution of Pakistan.