Doctrine of Political Question, Separation of Political and Legal Questions and Superior Judiciary of Pakistan.

  • Muhammad Tariq Mahmood
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  • Muhammad Tariq Mahmood

    Advocate at Lahore High Court Multan Bench, Pakistan

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This paper aims at ascertaining nature of political question, its origin, two different aspects of the doctrine of political question and cases involving political questions taken up by the Superior Judiciary of Pakistan. The concept of doctrine of political question emanated from the Constitution of the United States of America and later on went under interpretation and elaboration by the Judgments of the Supreme Court of the U.S.A. There are two views about this doctrine one contends that the Court should not interfere with political questions and the other is of the opinion that Courts being guardian of the Human Rights have jurisdiction to review any kind of questions whether political or legal within the statutory mandate. Pakistan since its inception, in addition to the Government of India Act, 1935, framed three constitutions in 1956, 1962 and 1973 (now in force) and all these documents bestowed the Superior Judiciary of the Country with powers of judicial review. However, the Courts of the country expressed different views about curtailing jurisdiction of the courts regarding political questions during different times. To meet up this task, a combination of descriptive and analytical methodologies coupled with qualitative dominantly and quantitative minutely approaches shall be adopted. However, both primary and secondary sources of Data Collection shall be consulted.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 956 - 964


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