Precedent In Pakistani Law

Author : Dr. Muhammad Munir
Publisher : Oxford University Press, USA
ISBN 13 : 9780199068241
Total Pages : 0 pages
Book Rating : 4.40/5 ( download)

DOWNLOAD NOW!

Download or read book Precedent in Pakistani Law written by Dr. Muhammad Munir and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Common Law system, it is the doctrine of 'precedent' which courts depend upon, more than any other legal doctrine, while arriving at their decisions. The elements that constitute the doctrine of precedent are numerous and complex. Despite its considerable importance in the Pakistani legal system, the operation of this doctrine has so far drawn little academic attention. This work bridges that gap. It thoroughly examines the history, origin and context of this doctrine, as well as the rules which guide its operation in Pakistan in the Supreme Court, the High Courts, the Federal Shariat Court, and the various tribunals, with examples and analysis of case law. How is the ratio of a precedent case determined? What is the interpretation of Article 189 of the Constitution of Pakistan? Are decisions of the Supreme Court binding on the Supreme Court itself? Are the lower courts bound by the dictum of the Supreme Court? Are there decisions of the Supreme Court that are not binding on lower courts? What is the position of superior courts in India and Azad Jammu & Kashmir (AJK) on all these issues? What value should be attached to precedent in criminal cases? Can the Supreme Court, the High Courts, and the Federal Shariat Court overrule their own previous decisions? And is the practice of the higher courts in Pakistan - under Articles 189, 201 and 203 GG - in conformity with Islamic law? These are some of the questions, vital to understand the operation of precedent in Pakistani law, which are discussed in this work.

Author : Ikram Ullah
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517107
Total Pages : 486 pages
Book Rating : 4.00/5 ( download)

DOWNLOAD NOW!

Download or read book Arbitration Law of Pakistan written by Ikram Ullah and published by Kluwer Law International B.V.. This book was released on 2021-06-18 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven to a significant extent by Pakistan’s rapidly growing status in trade and economic partnerships – in particular considering the country’s role in the China and Pakistan Economic Corridor (CPEC) – interest in Pakistan’s dispute settlement regime is on the rise. This ground-breaking book, by Pakistan’s best-known arbitrator, practitioner, and legal scholar, is the first in any language to provide in-depth coverage of all significant topics of Pakistani law on both domestic and foreign arbitration, ranging from drafting of the arbitration agreement to the enforcement of arbitral awards. With comprehensive coverage of Pakistani statutes and case law affecting arbitration and bilateral investment treaties (BITs), the author describes and analyses such issues and topics as the following: concepts of separability, arbitrability, and competence-competence; rules governing the conclusion, interpretation, and enforcement of arbitration agreements; grounds on which courts assume jurisdiction; legal issues pertaining to the stay of court proceedings in relation to both domestic and foreign arbitration; constitution of arbitral tribunals; interim measures; judicial review of both domestic and foreign arbitral awards; and available remedies of appeal and revision. Positioned to become the preeminent authority on the arbitration law of Pakistan, this book will be welcomed not only by Pakistani practitioners, arbitrators, judges, students, and academics as the first practical guide to arbitration practice and procedure in their country but also by foreign practitioners approaching Pakistani courts seeking interim measures and enforcement of arbitration agreements and arbitral awards. In addition, both domestic and foreign businessmen will discover clear paths to well-informed decisions on investment and commercial issues involving Pakistan.

Author : Lorne Neudorf
Publisher : Springer
ISBN 13 : 3319498843
Total Pages : 251 pages
Book Rating : 4.43/5 ( download)

DOWNLOAD NOW!

Download or read book The Dynamics of Judicial Independence written by Lorne Neudorf and published by Springer. This book was released on 2017-02-22 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

Author : Miriam Saage-Maaß
Publisher :
ISBN 13 : 9783030738365
Total Pages : 0 pages
Book Rating : 4.61/5 ( download)

DOWNLOAD NOW!

Download or read book Transnational Legal Activism in Global Value Chains written by Miriam Saage-Maaß and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book documents and analyses the various interventions - legal, political, and even artistic - that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism. .

Author : Ahmad Atif Ahmad
Publisher : Bloomsbury Publishing
ISBN 13 : 1474274528
Total Pages : 224 pages
Book Rating : 4.24/5 ( download)

DOWNLOAD NOW!

Download or read book Islamic Law written by Ahmad Atif Ahmad and published by Bloomsbury Publishing. This book was released on 2017-10-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing undergraduate students to Islamic law, this accessible textbook does not presume legal or technical knowledge. Drawing on a comparative approach, it encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.

Author : Imran Ahmed
Publisher : Springer Nature
ISBN 13 : 9811668477
Total Pages : 249 pages
Book Rating : 4.70/5 ( download)

DOWNLOAD NOW!

Download or read book Religion, Extremism and Violence in South Asia written by Imran Ahmed and published by Springer Nature. This book was released on 2022-02-04 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds light on religiously motivated extremism and violence in South Asia, a phenomenon which ostensibly poses critical and unique challenges to the peace, security and governance not only of the region, but also of the world at large. The book is distinctive in-so-far as it reexamines conventional wisdom held about religious extremism in South Asia and departs from the literature which centres its analyses on Islamic militancy based on the questions and assumptions of the West’s ‘war on terror’. This volume also offers a comprehensive analysis of new extremist movements and how their emergence and success places existing theoretical frameworks in the study of religious extremism into question. It further examines topical issues including the study of social media and its impact on the evolution and operation of violent extremism. The book also analyses grassroots and innovative non-state initiatives aimed to counter extremist ideologies. Through case studies focusing on Bangladesh, India, Pakistan and Sri Lanka, this collection examines extremist materials, methods of political mobilisation and recruitment processes and maps the interconnected nature of sociological change with the ideological transformations of extremist movements.

Author : Dinshah Fardunji Mulla
Publisher : Franklin Classics
ISBN 13 : 9780342772100
Total Pages : 226 pages
Book Rating : 4.04/5 ( download)

DOWNLOAD NOW!

Download or read book Principles of Mahomedan Law written by Dinshah Fardunji Mulla and published by Franklin Classics. This book was released on 2018-10-13 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Hodkinson
Publisher : Routledge
ISBN 13 : 9780709912569
Total Pages : 401 pages
Book Rating : 4.60/5 ( download)

DOWNLOAD NOW!

Download or read book Muslim Family Law written by Hodkinson and published by Routledge. This book was released on 1984 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mashood A. Baderin
Publisher : Routledge
ISBN 13 : 1351925938
Total Pages : 387 pages
Book Rating : 4.38/5 ( download)

DOWNLOAD NOW!

Download or read book Islamic Law in Practice written by Mashood A. Baderin and published by Routledge. This book was released on 2017-03-02 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

Author : Hilary Lewis Ruttley
Publisher : BRILL
ISBN 13 : 9004639543
Total Pages : 409 pages
Book Rating : 4.46/5 ( download)

DOWNLOAD NOW!

Download or read book Commercial Law in the Middle East written by Hilary Lewis Ruttley and published by BRILL. This book was released on with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an instructive and stimulating contribution to a subject, the importance of which is becoming increasingly appreciated.