Precedent in Pakistani Law (Record no. 28059)

000 -LEADER
fixed length control field 02004nam a22001577a 4500
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
ISBN 9780199068241
082 ## - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number 347.5491
100 ## - MAIN ENTRY--AUTHOR NAME
Personal name Munir, Muhammad
245 ## - TITLE STATEMENT
Title Precedent in Pakistani Law
Statement of responsibility Dr. Muhammad Munir
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Place of publication Karachi
Name of publisher Oxford University Press
Year of publication 2014
300 ## - PHYSICAL DESCRIPTION
Number of Pages xlvi,282 Pages
Other physical details 14x22 cm
-- HB
505 ## - FORMATTED CONTENTS NOTE
Formatted contents note Include Glossary, Bibliography and Index.
520 ## - SUMMARY, ETC.
Summary, etc In the Common Law system, it is the doctrine of 'precedent' which courts depend upon, more than any other legal doctrine, while arriving at their decisions. The elements that constitute the doctrine of precedent are numerous and complex. Despite its considerable importance in the Pakistani legal system, the operation of this doctrine has so far drawn little academic attention. This work bridges that gap. It thoroughly examines the history, origin and context of this doctrine, as well as the rules which guide its operation in Pakistan in the Supreme Court, the High Courts, the Federal Shariat Court, and the various tribunals, with examples and analysis of case law. How is the ratio of a precedent case determined? What is the interpretation of Article 189 of the Constitution of Pakistan? Are decisions of the Supreme Court binding on the Supreme Court itself? Are the lower courts bound by the dictum of the Supreme Court? Are there decisions of the Supreme Court that are not binding on lower courts? What is the position of superior courts in India and Azad Jammu & Kashmir (AJK) on all these issues? What value should be attached to precedent in criminal cases? Can the Supreme Court, the High Courts, and the Federal Shariat Court overrule their own previous decisions? And is the practice of the higher courts in Pakistan - under Articles 189, 201 and 203 GG - in conformity with Islamic law? These are some of the questions, vital to understand the operation of precedent in Pakistani law, which are discussed in this work.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical Term Stare decisis -- Pakistan
-- Stare decisis
-- Pakistan
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Koha item type Books
Holdings
Withdrawn status Lost status Collection code Permanent Location Current Location Shelving location Date acquired Source of acquisition Cost, normal purchase price Full call number Accession Number Koha item type
    Non-fiction Garrison Public Library Multan Garrison Public Library Multan General Stacks 2017-04-10 CRV/GPLM/Oxford-10 621.87 347.5491 M963P 2014 33589 Books

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