Part 3 Institutional Control of Constitutionalism, 3.5 The Last Defender of Constitutional Reason? Pakistan’s Embattled Supreme Court

2012 ◽  
Author(s):  
Khan Hamid
Keyword(s):  
Supreme Court ◽  
Political History ◽  
Status Quo ◽  
Political Environment ◽  
Judicial Activism ◽  
Institutional Control ◽  
Chief Justice ◽  
The Supreme Court ◽  
The Status ◽  
History Of

This chapter begins with a brief overview of the constitutional and political history of Pakistan. It then discusses how the judiciary in general, and the Supreme Court in particular, had to function in a difficult and complex constitutional and political environment during the last sixty years. It details acts of judicial activism; efforts of lawyers throughout Pakistan to restore the status quo in the judiciary as it had existed on November 2, 2007; and the challenges faced by the restored Chief Justice and the Supreme Court.

Justices and Presidents: A Political History of Appointments to the Supreme Court.

1992 ◽  
Vol 107 (3) ◽  
pp. 540
Author(s):  
John R. Schmidhauser ◽  
Henry J. Abraham
Keyword(s):  
Supreme Court ◽  
Political History ◽  
The Supreme Court ◽  
History Of

scholarly journals Nine Men: A Political History of the Supreme Court from 1790 to 1955

1956 ◽  
Vol 65 (4) ◽  
pp. 583
Author(s):  
Francis W. Coker ◽  
Fred Rodell
Keyword(s):  
Supreme Court ◽  
Political History ◽  
The Supreme Court ◽  
History Of

Domesticating Treaties in the Legal System of South Sudan – A Monist or Dualist Approach?

2020 ◽  
Vol 28 (3) ◽  
pp. 378-400
Author(s):  
Ruben S. P. Valfredo
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Legal System ◽  
South Sudan ◽  
Status Quo ◽  
Treaty Ratification ◽  
The Supreme Court ◽  
The Status ◽  
Mixed Approach ◽  
International Conventions

This article examines the approach for the domestication of treaties in South Sudan. Such examination is undergone in light of the theories for the domestication of international law norms into the domestic legal systems of state members of the international community. The article establishes that the approach in South Sudan is not clearly indicated, and seems to be inconsistent with regard to the practice of various institutions linked to the domestication of treaties process in South Sudan. However, the article expands on two foundations: the status quo and the ‘ought to be’ approach. The article argues that the approach as it exists seems to be a monist rather than a dualist approach. This is evident from the indicators of South Sudan's constitutional, legislative and judicial settings such as the text of the Transitional Constitution of South Sudan 2011, the treaty ratification process, the practices of the National Legislative Assembly in respect of international conventions and a judicial circular issued by the Supreme Court of South Sudan. Furthermore, the article advances that the ‘as ought to exist’ approach needs to be a clearly mixed approach, partly monist and partly dualist. Such approach combines the advantages associated with each approach in one place. The article recommends that there is a need to have a well informed, well established and clear status in respect of the domestication approach guided by the various arrangements and settings highlighted above. It may also take account of the various states’ attitudes towards international law and the legal school of thought which forms the basis of South Sudan legal system. Such recommendation could be materialised via an act of parliament, a regulation or a practice manual.

Senate Voting on Supreme Court Nominees: A Neoinstitutional Model

1990 ◽  
Vol 84 (2) ◽  
pp. 525-534 ◽  
Author(s):  
Charles M. Cameron ◽  
Albert D. Cover ◽  
Jeffrey A. Segal
Keyword(s):  
Statistical Model ◽  
Supreme Court ◽  
Large Degree ◽  
The Political ◽  
Political Environment ◽  
Roll Call ◽  
Roll Call Voting ◽  
The Supreme Court ◽  
The Status ◽  
The Individual

We develop and test a neoinstitutional model of Senate roll call voting on nominees to the Supreme Court. The statistical model assumes that Senators examine the characteristics of nominees and use their roll call votes to establish an electorally attractive position on the nominees. The model is tested with probit estimates on the 2,054 confirmation votes from Earl Warren to Anthony Kennedy. The model performs remarkably well in predicting the individual votes of Senators to confirm or reject nominees. Senators routinely vote to confirm nominees who are perceived as well qualified and ideologically proximate to Senators' constituents. When nominees are less well qualified and are relatively distant, however, Senators' votes depend to a large degree on the political environment, especially the status of the president.

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