Policy Memo

Writing
Judicial Activism
in
Pakistan
01

CONTENTS
TABLE OF
Introduction

02 Methodology

03 Issue Analysis

04 Proposed Solutions

05 Recommendations
 Introduction
● Judicial review is a discretionary power given to courts to set aside
government made acts.

● Separation of power: state divided in three branches

○ Legislative

○ Executive

○ Judiciary

Neither can intervene into another.

● Adopted by British now Pakistan too

Methodology
The method we will employ for this
study would be based on data
collection from authentic websites to
ensure the authenticity of the policy
memo.
Issue As per the circumstances and facts of
Analysis The cases the judiciary must have the
Power under judicial activism to set
aside the law to provide the parties
Judicial activism is an issue with with just and fair trial where the
significant importance as it can current law may lead to unjust and
guarantee fair and just judicial system absurd result.
to Pakistanis.

Moreover, as many laws are made

through delegated legislation, judge
should not be bound by such laws as
they are made by non-elected
members of government and
comparatively judges have a lot of
knowledge on law.
Proposed
Solutions

Make amendments in
constitution and
It is proposed that the It should be made clear
and certain that legislative but hard and
power of the long process to do so better
judiciary should be judiciary does in fact
have the power to set let the judiciary change the
increased under Law through precedent
Suo-Motu. aside the current law
(decision) and it to be
where it is required.
followed by other courts in
future
 Recommendations

• It is much feasible to permit the judiciary to

exercise its power to amend the law where it
is essential by passing a bill in Parliament.
• Pakistan can adopt UK approach on this
matter, which legalizes the courts to amend
the law as per the circumstances to guarantee
justice.
Thankyou