Judicialization of Politics in Pakistan: Guardian of the Constitution or Political Arbiter

Abstract

This study discusses the judicialization of politics in Pakistan and whether the superior courts are constitutional watchdogs or political referees that affect the results of the competitive process. The increasing judicial power of the Pakistan hybrid democracy has been observed to increase in times of institutional instability and this has raised the issue of overreach and the separation of powers. The qualitative doctrinal approach and comparative case-study analysis of landmark rulings are used to study the court interventions in parliamentary dissolutions, elections, party discipline, accountability processes and civil military relations. Courts demonstrate the behavior of guardians in the maintenance of constitutional order but become the referees in the politically sensitive cases, especially those related to accountability and intra-parties, transforming political alliances. The power of the judiciary is not that transparent, it is better to have more institutional dialogue and clear restraint to support governance.