Judicial Activism: Authority or Autocracy? Unravelling The Role of Judiciary in Pakistan

Abstract

The recent developments in Pakistan, particularly concerning the legislative branch, and the political changes, came into play due to a manifold exchange of historical legacies, socioeconomic problems, security crises, Judicial overreach and external interventions, amalgamating an environment conducive to repeated military interventions, constitutional upheavals and disruptions in governance. This exploratory study aims to analyse the constitutional history of Pakistan, with the objective of pinpointing how the Judicial wing via its overreach of extensive powers has been used as a tool to derail democracy and cause hindrance in executive governances in the Nation. This study further contains a focus on exploring alternatives, improving future policies, possible strategies and frameworks to employ which would ensure the formation of a true liberal democratic nation. This work will also feature an analysis on the good governance paradigm, and the concept and possibility of an actual rule of law, and a true concept of separation of powers being feasible in the state. The methodology used for the research is qualitative, using existing literature and data from secondary sources. The research reaffirms the findings from existing research in the context and contributes a unique perspective of a synthesis of literature from constitutional, historical and judicature studies.

Keywords: Good Governance, Judicial Activism, Liberal Democracy, Separation Of Powers, Pakistan, Rule Of Law, Authoritarian Mechanisms