Judicial Review and Judicial Activism in Realm of Legal Constitutionalism in Pakistan

Abstract

Today legal constitutionalism being root of judicial review is prevailing in Pakistan. This paper raises a few important questions about the role of legal and political constitutionalism in judicial activism. For example, to what extent legal constitutionalism is playing its role in developing judicial activism? Moreover, is there any role of political constitutionalism in developing judicial activism in Pakistan? What ought to be the role of courts in a democratic society? To what extent judges intervene in policy processes? Should our judges confine themselves to deciding the guilt or innocence of individual persons or hit legislation process? Dose judicial activisms promote or undermine democracy in Pakistan? If judicial activism was to become excessive, how and by whom ought it to be curtailed? Do alternatives to the judicialization of politics exist that are more compatible with democracy yet do not compromise the rule of law? Properly analyzing the above queries and answering these questions will help the society in dealing with judicial activism in Pakistan