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The Lawyers’ Movement in Pakistan: how legal actors mobilise in a hybrid regime

Published online by Cambridge University Press:  09 May 2023

Maryam S. Khan*
Affiliation:
Research Fellow, Institute of Development & Economic Alternatives (IDEAS), Lahore, Pakistan

Abstract

Drawing primarily from qualitative interviews conducted between 2017 and 2018, this empirical study tells a granular story of how legal actors mobilised during the Lawyers’ Movement in Pakistan (2007–2009) from the perspective of lawyer-leaders who organised, steered and sustained support for the Movement through rapidly shifting political conditions. By underscoring the contribution of lawyer-leaders in empowering judges, the article seeks both to displace uncritical assumptions and arguments about courts as the nucleus of legal mobilisation in Pakistan, and to highlight the crucial role of political parties in the restoration of the judiciary against the backdrop of disintegrating lawyer-judge coalitions. Given Pakistan’s political context of a ‘hybrid regime’, the article reflects on the unsuitability of the ‘legal complex’ theory of ‘political liberalism’ for analysing and understanding the Movement, and locates it instead in the literature on legal mobilisation in authoritarian regimes.

Type
Special Issue Article
Copyright
© The Author(s), 2023. Published by Cambridge University Press

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References

Adeney, K (2017) How to Understand Pakistan’s Hybrid Regime: The Importance of a Multi-Dimensional Continuum, Democratization. Democratization 24, 119–137.CrossRefGoogle Scholar
Ahmed, ZS and Stephan, MJ (2010) Fighting for the rule of law: civil resistance and the lawyers' movement in Pakistan. Democratization 17, 492–513.CrossRefGoogle Scholar
Ahmed, ZS (2012) The Role of the Pakistani Mass Media in the Lawyers’ Resistance against the Musharraf Dictatorship, 2007–2009. Pakistaniaat: A Journal of Pakistan Studies 4, 61–77.Google Scholar
Aitzaz, A (2008) A Tumultuous Year. LUBP, 1 November 2008. Available at https://lubpak.com/archives/374.Google Scholar
Aziz, S (2012) Liberal Protagonists? The Lawyers’ Movement in Pakistan. In Halliday, TC et al. (eds), Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex. Cambridge University Press.Google Scholar
Bali, AU (2012) ‘The Perils of Judicial Independence: Constitutional Transition and the Turkish Example’. Virginia Journal of International Law 52, 235–320.Google Scholar
Bhuwania, A (2020) The Indian Supreme Court in the Modi Era, IACL Democracy. Available at: https://www.iacl-democracy-2020.org/blog/2016/3/23/blog-post-sample-9wntn-6ye75-hwawc-xx9lz-p6k2z-85m67-nkxzl-m76y3-gmmc6.Google Scholar
Carothers, T (2002) The End of the Transition Paradigm. Journal of Democracy 13, 5–21.Google Scholar
Diamond, LJ (2011) Elections Without Democracy: Thinking about Hybrid Regimes. Journal of Democracy 13, 21–35.Google Scholar
Galanter, M (1974) Why the “Haves” Come out Ahead: Speculations on the Limits of Legal Change. Law & Society Review 9, 95–160.CrossRefGoogle Scholar
Ghias, SA (2012) Miscarriage of Chief Justice. In Halliday, TC et al. (eds), Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex. Cambridge University Press.Google Scholar
Ginsburg, T and Moustafa, T (eds) (2008) Rule by Law: The Politics of Courts in Authoritarian Regimes. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Gobe, E and Salaymeh, L (2016) Tunisia’s “Revolutionary” Lawyers: From Professional Autonomy to Political Mobilization. Law & Social Inquiry 41, 311–345.CrossRefGoogle Scholar
Halliday, TC et al. (eds) (2012) Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex. Cambridge University Press.CrossRefGoogle Scholar
Halliday, TC (2013) Why the Legal Complex is Integral to Theories of Consequential Courts. In Kapiszewski, D et al. (eds.), Consequential Courts: Judicial Roles in Global Perspective. Cambridge: Cambridge University Press.Google Scholar
Iftikhar Muhammad Chaudhry v. President of Pak. (2010), 62 PLD (SC) 61, 173 (Pak.)Google Scholar
Kalhan, A (2013) “Gray Zone” Constitutionalism and the Dilemma of Judicial Independence in Pakistan. Vanderbilt Journal of Transnational Law 46, 1–96.Google Scholar
Kausar, T (2012) Judicialization of politics and governance in Pakistan. In Misra, A and Clarke, M (eds), Pakistan’s Stability Paradox, p. 28. Routledge.Google Scholar
Kennedy, CH (2012) Judicialization of Politics in Pakistan. In Dressel, B (ed), The Judicialization of Politics in Asia, p. 139. Routledge.Google Scholar
Khan, H (2016) A History of the Judiciary in Pakistan. Oxford: Oxford University Press.Google Scholar
Khan, MS (2014) Genesis and Evolution of Public Interest Litigation in the Supreme Court of Pakistan: Toward a Dynamic Theory of Judicialization. Temple International and Comparative Law Journal 28, 284–358.Google Scholar
Khan, MS (2019) Empowerment without Accountability? The Lawyers’ Movement in Pakistan and its Aftershocks. IDS Bulletin 50, 53–72.CrossRefGoogle Scholar
Lee, MYK (2017) Lawyers and Hong Kong’s Democracy Movement: From Electoral Politics to Civil Disobedience. Asian Journal of Political Science 25, 89–108.Google Scholar
Levitsky, S and Way, LA (2003) Competitive Authoritarianism: Hybrid Regimes After the Cold War. Cambridge: Cambridge University Press.Google Scholar
Malik, MA (2008) The Pakistan Lawyers’ Movement: An Unfinished Agenda. Pakistan Law House.Google Scholar
Mate, M (2013) Public Interest Litigation and the Transformation of the Supreme Court of India. In Kapiszewski, D et al. (eds.), Consequential Courts: Judicial Roles in Global Perspective. Cambridge: Cambridge University Press.Google Scholar
Moustafa, T (2014) Law and Courts in Authoritarian Regimes. Annual Review of Law and Social Science 10, 281–299.CrossRefGoogle Scholar
Munger, F (2015) Thailand’s Cause Lawyers and Twenty-First Century Military Coups: Nation, Identity, and Conflicting Visions of the Rule of Law. Asian Journal of Law and Society 2, 301–322.CrossRefGoogle Scholar
Munir, D (2012) From Judicial Autonomy to Regime Transformation. In Halliday, TC et al. (eds), Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex. Cambridge University Press.Google Scholar
Schmitthener, S (1968–1969) A Sketch of the Development of the Legal Profession in India. Law and Society Review 3, 337–382.CrossRefGoogle Scholar
Shafqat, S (2018) Civil Society and the Lawyers’ Movement of Pakistan. Law & Social Inquiry 43, 889–914.CrossRefGoogle Scholar
Siddique, O (2006) The Jurisprudence of Dissolutions: Presidential Power to Dissolve Assemblies under the Pakistani Constitution and Its Discontents. Arizona Journal of International and Comparative Law 23, 615–715.Google Scholar
Siddique, O (2015) Judicialization of Politics: Pakistan Supreme Court’s Jurisprudence after the Lawyers’ Movement. In Tushnet, M and Khosla, M (eds), Unstable Constitutionalism: Law and Politics in South Asia, p. 159. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Trochev, A and Ellett, R (2014) Judges and Their Allies: Rethinking Judicial Autonomy through the Prism of Off-Bench Resistance. Journal of Law and Courts 2, 67–91.CrossRefGoogle Scholar