LAUSR.org creates dashboard-style pages of related content for over 1.5 million academic articles. Sign Up to like articles & get recommendations!

A Strong Judiciary as a Crisis for Democracy: A ‘Law and Development’ Study from Pakistan

Photo by inakihxz from unsplash

Abstract By the late 1990s, international financial institutions prescribed a ‘good governance’ paradigm that sought to empower the judiciary to curb ‘state capture’ by the corrupt political elites of developing… Click to show full abstract

Abstract By the late 1990s, international financial institutions prescribed a ‘good governance’ paradigm that sought to empower the judiciary to curb ‘state capture’ by the corrupt political elites of developing countries. Good governance was supposed to act as a midwife to economic development, providing the ‘rule of law’ for the free market reforms of structural adjustment programs that had hitherto failed to provide much success. This article examines the implementation of ‘good governance’ in Pakistan, arguing that empowering the judiciary served to weaken an already weak legislature. The tangible issues of popular political representation and economic redistribution were displaced by the discourses on the control of corruption and the rule of law. Based on this experience, the article encourages a shift in law and developmental theorizing to focus on forms of legislature and democratic rule and a redefined role for the ‘civil society’ within this.

Keywords: law development; law; strong judiciary; development; good governance; judiciary crisis

Journal Title: Law and Development Review
Year Published: 2020

Link to full text (if available)


Share on Social Media:                               Sign Up to like & get
recommendations!

Related content

More Information              News              Social Media              Video              Recommended



                Click one of the above tabs to view related content.