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Title: Judicial independence in the higher courts of Pakistan : a comparative study with judicial independence in the higher courts of England
Author: Habib, Rao Imran
ISNI:       0000 0004 6422 1275
Awarding Body: Glasgow Caledonian University
Current Institution: Glasgow Caledonian University
Date of Award: 2016
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This research makes a comparative study of the higher courts of Pakistan and England in order to evaluate the difference between theoretical and practical status of judicial independence in Pakistan. For the sake of this study two major components of judicial independence, namely judicial appointments and judicial review, were selected for comparative analysis. This study examines the theoretical underpinnings of the concept of judicial independence and its relations with the principles of impartiality, the rule of law, and the sovereignty of parliament. Then, the study traces the historical evolution, structure and salient features of the higher courts in Pakistan and in England. Subsequently, critical analyses are presented of the applications of different models of judicial appointments, the status of the merit principle in judicial selections, and the issues of diversity and the security of tenure in both jurisdictions. Thereafter, the scope and limits of judicial review of executive and legislative actions and its practical application by the higher courts in Pakistan and England are discussed in detail. The comparative analysis offered in this research of the relative levels of judicial independence in both systems provides a clear picture of the similarities and dissimilarities of the challenges faced in efforts to achieve and maintain judicial independence, and it also helps to understand the positives and negatives of both political and legal constitutions. Further, the comparative analysis presented here of the challenges faced by both systems helps to identify the gaps between the theoretical conception of judicial independence and its practical applicability. Thus it helps in devising a better framework for ensuring theoretical and practical judicial independence in Pakistan, which can lead to the improvement of the rule of law and better protection of human rights.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available