02217nam a22001817a 4500999001700000020001800017082001300035100002300048245005100071250001600122260004300138300003600181505004500217520154300262650005501805942000701860952016801867 c67853d67853 a9780199068241 a347.5491 aDr. Muhammad Munir aPrecedent in Pakistani LawcDr. Muhammad Munir a1st Edition aKarachibOxford University Pressc2014 axxxvii, 282 Pagesb23x15 cmbHB aInclude Glossary, Bibliography and Index aIn 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. aStare decisis -- PakistanaStare decisisaPakistan cBK 0010406347_549100000000000_M963P_2014708NFIC966221aGPLbGPLcGENd2025-09-23eCRV/242/Donation/GPLM o347.5491 M963P 2014p70267r2025-09-23w2025-09-23yBK