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JURISPRUDENCE OF DISSOLUTIONS: PRESIDENTIAL POWER TO DISSOLVE ASSEMBLIES UNDER THE PAKIS, THE (hb)08
Author: SIDDIQUE
ISBN: 9789698372125
Year: 2008
Publisher: PAKISTAN LAW HOUSE
Category: LAW / JUSTICE & LAW ENFORCEMENT
Edition: 1
Format: Hard Cover
Language: English
Pages: 138
 ABOUT THE TITLE
Pakistan s famous article 58-2B of its constitution that lies at the core of this book empowers the president to dissolve elected assemblies. Osama siddique brings to his admirable study of the jurisprudence of dissolution a high capacity for close probing and perceptive analysis of the work of the supreme court in its decisions on specific dissolutions. But this book achieves far more than a revealing legal comparison analysis and evaluation of the judgments. It places the major events leading to and influenced by these judgments in a context that extends from Zia to Musharraf and that embraces several major crises in government. The issues and judgments cut to the very nature of pakistan s governing ideals and structures and to basic changes in them from the countrys creation to the present.
Throughout the book we are in the world not simply of law but of politics political theory and constitutive understanding that shape the polity and deeply influence Pakistans political and moral character. The authors deep criticism of the jurisprudence within this dangerous field of constitutional law requires him to engage in this study the three branches of government and to some extent explore his own view of the appropriate relationships among them within democratic aspirations. This is a demanding enterprise one that Siddique cogently and successfully executes to the great benefit of the reader.
AUTHOR:
OSAMA SIDDIQUE
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 TABLE OF CONTENTS
Preface
Critical Appraisal For The Book
I. Introduction
A. Constitutions And Martial Laws
B. Zia’s Martial Law And The Impact Of Its Constitutional Engineering- The Eight Amendment
C. Article 58(2)B- An Unprecedented Provision And The Primary Source Of Controversy
D. The 1977 Constitutional Stalemate- The Official Raison d’Etre For Article 58(2)(B)
E. Zia’s Attempts To Perpetuate His Rule- The Main Impetus For Article 58(2)B According To Its Critics
F. Continuing Relevance Of The Article 58(2) Debate
G. Framework Of Inquiry
II. From Genesis To Reality
A. The Eighth Amendment Of The Constitution- The Legislative Showdown
B. Article 58(2)B- The Interpretive Aftermath
III. The Era Of Dissolutions (1988-1996)
A. The First Dissolution- The Haji Saifullah Case
B. The Second Dissolution- The Tariq Rahim Case
C. The Third Dissolution- The Nawaz Sharif Case
D. The Fourth Dissolution- The Benazir Bhutto Case
E. Towards Another Martial Law
IV. The Musharraf Martial Law
A. Legitimization Of The Martial Law- The Zafar Ali Shah Case
B. Legal Framework Order- Revival Of The Constitution And Reintroduction Of Article 58(2)B
V. Conclusion: To Be Or Not To Be- The Past And Future Of Article 58(2)B
A. Tests Employed By The Supreme Court To Gauge The Validity Of Dissolution Under Article 58(2)B
B. Conclusion
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