Precedent in Pakistani Law

Hardcover | December 12, 2013

byMuhammad Munir

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In the Common Law system, it is the doctrine of "precedent" which courts depend upon, more than any other legal doctrine, while arriving at their decisions. The elements that constitute the doctrine of precedent are numerous and complex. Despite its considerable importance in the Pakistanilegal system, the operation of this doctrine has so far drawn little academic attention. This work bridges that gap. It thoroughly examines the history, origin and context of this doctrine, as well as the rules which guide its operation in Pakistan in the Supreme Court, the High Courts, the FederalShariat Court, and the various tribunals, with examples and analysis of case law. How is the ratio of a precedent case determined? What is the interpretation of Article 189 of the Constitution of Pakistan? Are decisions of the Supreme Court binding on the Supreme Court itself? Are the lower courts bound by the dictum of the Supreme Court? Are there decisions of the Supreme Courtthat are not binding on lower courts? What is the position of superior courts in India and Azad Jammu and Kashmir (AJK) on all these issues? What value should be attached to precedent in criminal cases? Can the Supreme Court, the High Courts, and the Federal Shariat Court overrule their own previousdecisions? And is the practice of the higher courts in Pakistan - under Articles 189, 201 and 203 GG - in conformity with Islamic law? These are some of the questions, vital to understand the operation of precedent in Pakistani law, which are discussed in this work.

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In the Common Law system, it is the doctrine of "precedent" which courts depend upon, more than any other legal doctrine, while arriving at their decisions. The elements that constitute the doctrine of precedent are numerous and complex. Despite its considerable importance in the Pakistanilegal system, the operation of this doctrine ha...

Dr Muhammad Munir is Associate Professor at the Department of Law, International Islamic University, Islamabad. He holds a PhD from the University of Karachi, LLM in International Law from Stockholm University, and LLB as well as LLM from International Islamic University, Islamabad. Dr Munir has won the Higher Education Commission's (...

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Format:HardcoverDimensions:350 pages, 8.5 × 5.43 × 0.1 inPublished:December 12, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199068240

ISBN - 13:9780199068241

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Table of Contents

AcknowledgmentsList of Cases CitedPrefaceIntroduction1. Evolution of the Doctrine of Precedent in the Indian Subcontinent: An Overview of the Judicial System of the English East India Company2. Introduction to the Judicial System in Pakistan with Special Reference to Law Reporting3. Stare Decisis in Common, Civil, and International law4. Necessary Techniques for the Operation of Precedent5. Operation of Precedent in Pakistan: Practices of the Supreme Court6. Operation of Precedent in Pakistan: Practices of the High Courts7. Operation of Precedent in Pakistan: Practices of the Federal Shariat Court with Special Reference to Islamic Law8. Avoiding the Operation of Precedent9. Conclusions and SuggestionsGlossaryBibliographyIndex