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A Judiciary in Transition
Published online by Cambridge University Press: 08 September 2022
In this chapter I describe changes in the Pakistani judiciary’s behaviour towards the military between 1977 and 1999. The chapter is divided into two phases: (1) 1977 to 1988, Pakistan’s longest uninterrupted period of direct military rule; and (2) 1988–1999, a decade of constitutional democratic rule. In each period, I discuss the prevailing political situation, the position and interests of the military and the judiciary’s relationship with the military as demonstrated through its jurisprudence. Through this period, I show that the judiciary gradually shifted towards staking out a more independent position from the military, preserving and cautiously expanding its own role and jurisdiction.
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