Balancing and Rebalancing of Judicial Autonomy: a Critical Analysis of Basic Structure Theory

Bakht Munir, Um e Noreen
2020 Global Social Sciences Review  
With its restoration in March 2009, the judiciary exceptionally emerged as an independent state organ and sought autonomy from parliament, which embarked on another avenue of confrontation between these two organs. Considering past experience, parliament was committed to imposing modest restraints on the judiciary and ensured its representation in the process of judicial appointments to the Superior Courts in the form of the 18th Constitutional Amendment, which the court considered as an attack
more » ... on its autonomy. With the help of qualitative research methodology, this research aimed to investigate the post-2009 judicial-legislative transition, which apparently started up with their confrontation and imbalance between these organs. Both state organs are striving to identify their constitutional bounds, which will ultimately lead to equilibrium between these organs.
doi:10.31703/gssr.2020(v-iv).16 fatcat:jewtja7svjenhnbbfqexoxonu4