Judicial review is simply for if the legislature made some law they will review it that it is according to the constitution or not.
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But here chief justice use it is a power for themselves to cross the various decisions taken by elected government. In Pakistan there are two types of forces acting one is the non-elected institutions such as bureaucracy and military which is powerful while the second is the elected representative such as the parliament which is almost weak. The judiciary needs to acts as a referee between them but in case of Pakistan judiciary always take the side of the powerful.
In the case of Iftikhar Choudhry he made commitment in under the Musharraf legal frame work order while later he was making cases of corruption against the elected government of PPP and president Zardari to over throw him from the office. As Choudhry want to show people that he as an icon of justice but he was also backing the executive and wants to bring them back in power. The Supreme Court is given the veto power of appointment of judges which came under the independence of judiciary.
The AL-jihad trust case relating to the judges, the Supreme Court make it mandatory for the government to accept the opinion of chief justices of the Supreme Court in the appointment of judges.
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To conclude the judiciary in Pakistan has a very different nature by neglecting some issues and selecting certain issues. In some cases such as ISI and executive it neglects their cases while highlighting many cases against politician of corruption and bad governance. Beyond its obvious significance for Brazilianists and those concerned with judicial development, the work is essential reading for anyone interested in the changing relations among the traditional branches of government and the issues they pose for governance in the present century.
Taylor's book uses rich empirical material on a consequential and little known actor, the Brazilian court system, to explore a number of theoretical issues that have not yet received their deserved attention. Taylor's book represents a remarkable effort to link judicial politics to mainstream political science, and in particular, to policy studies. Judging Policy.
Special Journal Issue: Judging Democracy, Democratic Judgment
Description Desc. Matthew M.
Chapter 1. So, the data become messy and problematic if similar situations are rated differently. Lastly, expert assessments, especially if done well, are relatively expensive and logistically demanding.
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So how do we address the challenge of doing justice to such widely differing situations? In other words: We need to simplify in order to compare.
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This is always unsatisfactory, because simplifying means losing information, losing variation, losing context. This is particularly true when it comes to quantitative measurements in the form of scores or rankings.
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Their distinct strength is the ease of comparison between countries. However, without the necessary level of complexity, these scores are relatively meaningless and do not actually bring us closer to understanding the underlying issue. Different country cases show us that restrictions on academic freedom not only vary widely in severity of infringements.
Scholars might have the freedom to determine what they want to research, but they could be strongly limited in what they can or cannot communicate to the public. Universities might enjoy complete autonomy from the state, while their scholars are influenced by corporate money on what they teach their students. For this reason, we do not rely exclusively on the quantitative approach in our pilot project, but will complement it by qualitative case studies. These two methods are mutually beneficial. For example, the quantitative scores will allow researchers to detect recurring or unusual patterns, which can then be further explored in case studies.
As for the practical use of these tools: those who represent universities or ministries which are committed to the cause of academic freedom could use this quantitative tool to identify countries with problematic track records of infringements. If such an institution seeks to collaborate with partners in one of these countries, it could refer to the case study for further detail, to help assess risks, inform their strategy, and develop appropriate measures for cooperation agreements.
Be it between different institutions: private or public, rural or urban, historically critical of the government or not; or between subject areas: natural sciences or social sciences, established fields of study or newer ones. Looking at examples of authoritarian governments: typically the social sciences are under stricter control by the state. In contrast, natural sciences are more easily exposed to the influence of corporate money. For these reasons, we decided to include the scope of interference across disciplines as part of our measurement.
University excellence rankings do focus on the institutional level, and for good reason. But at the same time, this generally means that only high-ranking universities draw attention, resulting in the fact that many countries are even completely off the map. At this stage of the methodological design, we therefore focus on the country level and ask experts to generalize across universities. By doing so, we can at least find out what the prevailing practices and restrictions are.
Rulemaking vs. Democracy: Judging and Nudging Public Participation That Counts
I mentioned earlier that expert assessments are expensive and logistically demanding. For this reason, we decided to collaborate with V-Dem. What is more, all their data, including instructions given to experts, are transparent and publicly accessible and usable. If all goes well, we will have global data on five questions relating to academic freedom by spring