Abstract
In constitutional history of Pakistan, judiciary significantly contributed in shaping and re-shaping of state organs. After restoration of de jure judiciary in 2009, it has exceptionally secured autonomy from military as well as civilian governments. The emergence of proactive judiciary divided legal scholarship into two competing discourses: proponents and opponents of judicial activism. The proponents justified this judicial activism for democratic consolidation and constitutionalism whilst the opponents considered it as a tool to undermine civilian government at the expense of its autonomy with the help of selective adjudication. Excessive judicial activism creates impediments for other state organs and may create public distrust in elected representatives at the cost of nonelected despots. The research at hand aims to investigate both these concepts with the help of qualitative research methodology and identifies potential issues associated with the prevalent institutional transition. The research suggests how these two extremes regarding judicial activism could be adjusted through logical interpretation of the arguments with the help of more convincing hypothetical assumption, avoiding prospects of institutional disequilibrium.
Keyword(s)
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