One of the major issues confronting democratic governance in Pakistan has been that State institutions have often overstepped outside of their constitutional domains and encroached inside the domain of functions set by the Constitution in the other organ of the State.
More often than not, this complaint has been made about the military encroaching into the domain of elected civilian governments and that of judicial over-reach in the executive domain. However, Pakistan’s recent history is also replete with judicial over-reach into the legislative domain where higher judiciary has encroached inside the domain of national and provincial legislatures and questioned or over-ruled their actions defined under the Constitution.
This Issue Paper explores how the relationship between the Parliament and the Judiciary played out between 2018-2023.
