Chapter 5 highlights the emergence of a distinctly praetorian governmentality in the next cycle of military rule in the 1980s. Having displaced an elected government, the military regime of General Zia ul Haq (1977–88) set about the task of refining the blueprint for military rule. What was distinctive, however, about this form of praetorian governmentality as compared to the earlier period of military rule was the hegemonic ideation of political legitimacy predicated on religion. The military regime visibly embarked on the agenda of 'Islamising' the constitution and the laws. New Shariat courts were given unprecedented powers of judicial review of legislation for conformity with Islamic law at the same time that the fundamental rights provisions of the Constitution remained under suspension, and the superior courts’ Writ jurisdiction was incapacitated. Nonetheless, Islamisation also enabled the superior courts to re-orient their public law jurisprudence and to bolster their legitimacy. Pakistan’s appellate courts learnt to capitalise on this new rhetoric and restructured a more assertive form of judicial review grounded in the normative bedrock of Islamic legality.

Chapter 7 dissects the subtle shifts in state structure and power relations during the third cycle of military rule in Pakistan which for the first time was characterised by a successful hybridity of a military–civil composite. When General Pervez Musharraf overthrew an elected government in October 1999 the familiar architecture of military rule was resurrected. However, unlike previous military regimes General Musharraf was successful in holding elections and managing a symbiotic relationship with a civilian government whereby a semblance of democratic governance could be upheld. The Supreme Court once again validated the military takeover and the continuity of judicial review of executive action initially aligned with the regime’s proclaimed agenda of the structural reform of the state and anti-corruption drive. However, when Chief Justice Iftikhar Chaudhry assumed office in 2005 this accommodation between the military-dominated regime and the courts began to fracture. With impending elections in 2007, the regime dismissed the Chief Justice sparking the protest movement by the lawyers that would ultimately pave the way for another transition to civil democratic rule, as well as for the restoration of an assertive ‘Chaudhry Court’.