Monday, October 22, 2007

Pakistan Chief Justice Suspension -- Legal and Constitutional Dimensions

My friend, Kersi Shroff, of the Law Library of the US Congress wrote this interesting note on the suspension and reinstatement of Pakistan's Chief Justice. I like the note for its cogent discussion of the legal and constitutional aspects of the controversy. It is the best I've seen so far. I find Kersi's conclusion especially interesting in light of our discussion of whether judicial activism in India has gone too far:

The courageous decision of the Supreme Court to reinstate the Chief Justice stands in contrast to past decisions in which the judiciary has “endorsed and abetted” military regimes in Pakistan. The role played by popular support for the dismissed Chief Justice has also provided a unique break with the traditions of a generally quiescent public. “This is the first time in the history of Pakistan that a strong people’s movement has taken shape and demands an independent judiciary.” [footnotes omitted].

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