Year: 2026
Type: article
Abstract: The present study is a venture into the structural transformation of judicial power in Pakistan by tracing out its evolution from the Doctrine of Necessity to the 26th Constitutional Amendment. The judiciary has historically legitimized the extra-constitutional excesses of the executive on the basis of necessity jurisprudence. But post 2009, the judiciary shifted its stance and resorted to the doctrine of “Salient Features” to justify its autonomy. As a result, the parliament passed the 26th Amendment to create executive-backed Constitutional Benches, and to reshape the judicial appointments process to curtail judicial review. This paper seeks to consider if this is an appropriate example of parliamentary sovereignty.
Source: Perspectives in Social Sciences
DOI: 10.63468/pss.161
Authors: Shahrukh Khan, Tansif Ur Rehman
Institutions: Dadabhoy Institute of Higher Education, University of Karachi
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225419646