
Moeen CheemaAustralian National University | ANU · College of Law
Moeen Cheema
Doctor of Philosophy
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25
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Publications (25)
Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft...
Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft...
Chapter 3 charts the consolidation of judicial review during the first period of direct and indirect martial rule under the Ayub regime (1958–1968). Despite the military–bureaucratic authoritarianism of the Ayub era and the judicial validation of Martial Law, the courts managed to preserve the judicial review of bureaucratic action. The exercise of...
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 govern...
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 w...
Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft...
As Pakistan emerged from the shadows of military rule, dismembered and disenchanted, democratic governance and progressive politics promised a better future for the masses. The adoption of Pakistan’s first constitution by an elected assembly in 1973 added to the optimism for constitutionalism and rule of law. This optimism was quickly dispelled as...
In addition to providing an overview of the book and its methodological orientation, the introductory chapter highlights three key facets of constitutionalism in Pakistan. Firstly, it is through the consistent development of the judicial review of administrative action, even under military rule, that Pakistan’s superior courts have acquired the pow...
Chapter 8 identifies the key features of the 'proactivism' of the Chaudhry Court. A fluid and somewhat awkward balance of power appeared to have been reached wherein the military was dominant in some spheres but lacked the capacity to dictate its will wholesale to the other institutional complexes. It also appeared that the political elites and the...
As Pakistan emerged from military rule upon the death of General Zia in a plane crash in 1988, it underwent a new governmental experience marked by tussles between unsettled elected governments, a constitutionally empowered civilian presidency and a military establishment that covertly exercised considerable power. Chapter 6 unveils how the superio...
While the ambitions of this book are by and large localised – to explain the historical evolution of public law and judicial review in Pakistan – it is hoped that such a grounded description will also provide an insight into the theorisation of the judicialisation of politics worldwide. The concluding chapter situates the history of judicial review...
Chapter 2 provides an account of the emergence of an inchoate ‘Writ’ jurisdiction in the late colonial period in British India. It is the limited availability and partial success of a procedural form of rule of law in moderating the authoritarianism of the colonial state, despite its larger failures, that account for its lasting resonance amongst s...
This article charts the historical marginalization of Pashtun tribal areas to the periphery of the Pakistani state and undertakes an analysis of the recent movement for their integration in Pakistan’s constitutional structure. It also analyzes contemporaneous developments in Pakistan’s constitutional system, in particular the accommodation of a str...
This thesis presents a deeply contextualized account of law in postcolonial Pakistan and situates the judicial review jurisprudence of the superior courts, in particular their recent activism and populism, in the contexts of historical developments in constitutional politics, evolution of state structures and broader social transformations. It show...
Pakistan's superior courts have evolved from marginal state institutions to key players mediating the balance of powers in a deeply divided and politically fragmented polity during seven decades of the country's postcolonial history. Although the political salience of the Supreme Court's recent actions-including the disqualification of two elected...
The discourse on the 'Islamization' of laws in the legal systems of post-colonial Muslim states is dominated by two conflicting narratives. The dominant Western narrative views the Islamization of laws as the reincarnation of narrow and archaic laws embodied in discriminatory statutes. In contrast, the dominant narrative of political Islam deems it...
Pakistan has earned considerable notoriety on the international stage because of its failure to curb violent crimes against women committed in the name of honor. Academic analyses of the state's failure to deter honor killings focus primarily on lacunae in statutory law (especially the Islamized provisions introduced by legislation), while assignin...
This paper is an attempt to present an impartial review of the Islamized laws pertaining to sexual offences in Pakistan and to highlight the major structural and theoretical problems therein, paying particular attention to the perspectives of the modernist Islamists, human rights lawyers as well as traditionalist Islamic scholars. We hope to demons...
Pakistan's Hudood (Islamic criminal) laws have been a source of controversy since their promulgation by the military regime of General Muhammad Zia-ul-Haq in 1979. For their supporters, these laws are a welcome step towards the enforcement of shari'ah (Islamic law) and, as such, represent a logical and inevitable progression of those historic proce...
This paper advances the argument that institutional investors, in particular mutual funds, can play a vital role in enhancing corporate governance in emerging economies. Accordingly, regulatory frameworks should be structured in a manner that encourages the growth of the mutual fund industry and enables it to play a proactive role in corporate gove...
This paper advances the argument that institutional investors, particularly mutual funds can play a vital role in enhancing corporate governance in emerging economies. Accordingly, regulatory framework need to be structured in a manner that would encourage the growth of the mutual fund industry and enable it to play a proactive role in corporate go...
This paper reviews the rural housing reconstruction implemented by the government of Pakistan in the aftermath of the devastating earthquake that struck northern Pakistan on October 8, 2005. This government reconstruction programme, in the form of cash grants distributed in several tranches conditional upon the meeting of earthquake-resistant const...