Re-Thinking Models of Judicial Appointments in the Superior Courts of Pakistan: A Quest for a Better Model

Rao Imran Habib

Review of Politics and Public Policy in Emerging Economies, 2021, vol. 3, issue 1, 51-67

Abstract: Purpose: Since the inception of the notions of separation of powers and judicial independence, different judicial systems across the globe have devised various models of judicial appointments to meet the standards of the concepts of separation of powers and judicial independence.Methodology: In general, three moles of judicial appointments namely the politicised, the judicialised and the institutionalised models have been used in different jurisdictions.Findings: In Pakistan, since its independence, all these three models have been practiced, however none of these could help to achieve the required standards of judicial independence. The causes of failure perhaps rooted in the attitudes and intentions of the constitutional players rather than internal flaws of these three models.Implications: This article analyses the pros and cons of these models of judicial appointments and the causes of failure of these models in provision of independent and trustworthy judiciary in Pakistan and then proposes a better model with further improvements for judicial appointments in Pakistan.

Keywords: Constitution; Executive; Judicial Independence; Judicial Appointments; Superior Courts (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:src:ropecc:v:3:y:2021:i:1:p:51-67

DOI: 10.26710/rope.v3i1.1756

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