The Debate of Differences between International Law and the Civic or Constitutional Laws in Pakistan; A Way Forward

Authors

  • Junaid Ali Research Scholar at the School of International and Public Affairs, Jilin University Changchun (China)
  • Abdul Haq Research Scholar at the School of International and Public Affairs, Jilin University Changchun (China)

Keywords:

Foreigner's Act 1946, Sharia Law, Municipal Courts, Dualist Doctrine, Article 97 in the Constitution of 1973, Westminster-Style Legislative System

Abstract

Universally and locally, all the courts regard international laws. However, many scholars have traced differences in practices while following civil or constitutional laws in Pakistan. According to them, several constitutional rules create confusion regarding following either international law or local laws (inspired by religion or sect). Similarly, they also criticize the practices of courts for manipulating their verdicts for the sake of satisfying religious sentiments. Therefore, this study tries to investigate whether this allegation can be proved academically, or is there any connection between courts’ verdicts and religious culture. At the same time, this study also evaluates whether there can be differences between international law and civic laws in any state like Pakistan, or whether this practice causes the emergence of a theocratic state.

References

AneesIqbal; Shah, Muhammad Qaiser. "The Legal Conundrum of Extradition Vis-a-Vis Constitution of Pakistan 1973." JL & Soc'y 48 (2017): 39.

Bianchi, Andrea. "International law and US courts: The myth of Lohengrin revisited." European Journal of International Law 15, no. 4 (2004): 751-781.

Farhat, Syed Nadeem. "Citizenship Laws of Pakistan: A Critical Review." Policy Perspectives 16, no. 2 (2019): 59-85.

Hamid, Jamshed A. "Conduct of foreign Relations, including Treaty-making Powers, under the Constitution of the Islamic Republic of Pakistan." In Asian Yearbook of International Law, Volume 1 (1991), pp. 1-18. Brill Nijhoff, 1992.

Kelsen, Hans, and Alexander Nikolaevic Makarov. The Unity of International Law and State Law. 1958

Orakhelashvili, Alexander. Akehurst's Modern Introduction to International Law. Routledge, 2018.

PLD [1962] Supreme Court 260.

Raza, Syed Sami, and Ghazala Rafi. "A Preliminary Note on the Genealogy of the concept of Enemy Alien in Pakistan." Pakistan Journal of Criminology Volume 7, no. 2 (2015): 43-54.

Starke, Joseph Gabriel. "Monism and dualism in the theory of international law." Brit. YB Int'l L. 17 (1936): 66.

Tripel, Heinrich. international and national law. Published by CL Hirschfeld, 1899.

Wachani, Juliana Usman, and Sameena Saeed. "Controversial Status of Objective Resolution in the Form of Article 2A in the Constitutional History of Pakistan." Pakistan Journal of International Affairs 4, no. 2 (2021).

Wildhaber, Luzius. "The European convention on human rights and international law." International & Comparative Law Quarterly 56, no. 2 (2007): 217-231.

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Published

01-03-2023