The Intersection of Legal Reforms and Judicial Crisis: A Study of Pakistan’s 26th Constitutional Amendment and the Black Day for Judiciary
This study examines the intersection of legal reforms and judicial crises in Pakistan, focusing on the 26th Constitutional Amendment and its designation as a “Black Day” for the judiciary. The research explores how this amendment, aimed at addressing governance challenges, sparked significant controversy within the legal and political landscape. Using a qualitative research design, the study analyzes the historical evolution of judicial reforms in Pakistan, the provisions and objectives of the 26th Amendment, and the events leading to the judicial community’s protest. The findings reveal that the amendment, while ostensibly designed to strengthen governance, raised concerns about judicial independence due to perceived political interference. The "Black Day" declaration reflects a broader tension between the judiciary and other branches of government, highlighting structural and procedural deficiencies in Pakistan’s legal system. Comparative research with similar legal systems highlights the importance of preserving judicial independence during reform processes. The findings of this research add to the debate on the tradeoff between legal reform and judicial independence and suggest strategies for the advancement of openness, consultations with stakeholders, and the soundness of institutions. If these challenges are met, Pakistan will be able to protect the judiciary from such crises in the future and guarantee effective justice delivery.
Authors
- Anum Shahid (ORCID: https://orcid.org/0009-0001-7304-8537)
- Uzma Khan (ORCID: https://orcid.org/0000-0001-7090-7810)
- Aminu Bayawa Muhammad (ORCID: https://orcid.org/0000-0003-1080-251X)
Institutions
- Abdul Wali Khan University Mardan (PK)
- Xiamen University (CN)
- Dalian Maritime University (CN)
- Xiamen University of Technology (CN)
Publication Details
- Journal
- The critical review of social sciences studies
- Published
- 2024-12-15
- DOI
- https://doi.org/10.59075/9dg3e407
- Citations
- 2
- Primary Topic
- Politics and Conflicts in Afghanistan, Pakistan, and Middle East
- Type
- article
- Field-Weighted Citation Impact
- 4.46