Waris Husain’s “The Judicialization of Politics in Pakistan” is a comprehensive study of the role of the Supreme Court of Pakistan in shaping the country’s politics since 2007. The book traces the historical development of judicial review in Pakistan and compares it to the experiences of other countries such as India and the United States. It also proposes a justiciability standard and procedure for the Supreme Court of Pakistan, which aims to strike a balance between the need for judicial intervention to protect constitutional values and the risk of politicization of the judiciary.
Husain begins by providing a historical background of the judicial system in Pakistan, starting from the British colonial period to the present day. He notes the influence of the colonial legal system on the development of judicial review in Pakistan and how it has affected the country’s political system. The author argues that the lack of a clear justiciability standard and procedure has resulted in the Supreme Court being open to politicization, which has led to a hyper-active use of judicial review over the laws passed by Parliament or the policies of the Prime Minister.
Comparison with India and the United States:
Husain then compares the experiences of Pakistan with those of India and the United States. Two countries that have a long history of judicial review. He examines the role of the courts in each country as envisioned by their respective constitutional founders. The structural differences in the constitutions of each country. He notes that while there are similarities in the use of judicial review in each country. The contextual differences have resulted in different approaches to justiciability doctrines.
Proposed Justiciability Standard and Procedure:
The core of the book is the proposal of a justiciability standard and procedure for the Supreme Court of Pakistan. The author argues that the proposed standard should be guided by the principle of judicial restraint. Which recognizes that courts should not intervene in political or policy matters unless. It is necessary to safeguard fundamental rights or protect the constitutional order. The proposed procedural mechanism would require the Court to evaluate. Whether a case is justiciable based on specific criteria such as the availability of alternative remedies. The legal and factual nature of the dispute, and the impact of the Court’s decision on the separation of powers and federalism.
Creation of a Justiciability Council:
To implement this proposed standard and procedure, the author proposes the creation of a Justiciability Council. The Council would be responsible for screening potential cases before they reach the Supreme Court of Pakistan. The Council would be composed of experts in law, political science. Public policy and would use a multidisciplinary approach to evaluate the justiciability of cases. The Council would be required to publish an opinion explaining its decision to allow or reject a case for adjudication by the Supreme Court.
The book concludes by applying the proposed justiciability standard and Justiciability Council to hypothetical cases involving issues. Such as executive power, federalism, and fundamental rights. The author tests the effectiveness of the proposed standard. Procedure in reducing the risk of politicization of the Supreme Court of Pakistan. While still ensuring the protection of constitutional values. The book presents a well-researched and insightful analysis of the role of the judiciary in Pakistan’s politics. Proposes a practical solution to the problem of judicialization of politics in Pakistan.
“The Judicialization of Politics in Pakistan” is an important contribution to the ongoing debate about the role of the judiciary in developing democracies. The book provides a nuanced analysis of the historical, political. Legal factors that have shaped the role of the Supreme Court of Pakistan and proposes a practical solution to the problem of judicialization of politics. The proposed justiciability standard and procedure, along with the creation of a Justiciability Council.