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From Nation to State: Constitutional Founding in Pakistan

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The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.
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