The political history of Pakistan is characterised by incomplete constitution-making, a process which has placed the burden of constitutional interpretation on state instruments ranging from the bureaucracy to the military to the judiciary. In a penetrating and original study of the relationship between state and civil society in Pakistan, Paula Newberg demonstrates how the courts have influenced constitutional development and the structure of the state. By examining judicial decisions, particularly those made at times of political crisis, she considers how tensions within the judiciary, and between courts and other state institutions, have affected the ways political society views itself, and explores the consequences of these debates for the formal organisation of political power.

"...argued with impressive skill and careful scholarship based on legal archives, published sources, and interviews." American Historial Review

"Newberg, a political scientist, has written a fascinating account of the delicate role played by the courts of Pakistan in mediating the relationship between state and society in a country faced by a history of civil unrest, social tension, and the absence of a constitutional consensus. ...clearly written...Newberg's book will be of interest to lawyers, judges, scholars, and politicians and is a major contribution to Pakistan studies." Choice

"This book is essential for anyone seeking to understand Pakistan. ...[Newberg's] study of how protagonists have tried to use the courts, and with what effects, conveys a keen appreciation of the predicaments of Pakistan and Pakistanis." Robin Jeffrey, Law & History Review