Compliance with Supreme Court Judgments in Politically Important Cases by Authoritarian and Hybrid Regimes: Lessons from Pakistan

Abstract Compliance with court decisions is essential for the rule of law. Generally, regimes comply with decisions that serve their interests; however, compliance with decisions against government interests is less certain. In 1947–2005 and 2014–2023, the Supreme Court of Pakistan (SCP) decided many politically important cases in favour of the prevailing authoritarian and hybrid regimes. However, between 2005 and 2013, although the SCP reached decisions against the government’s interests in politically important cases, the government still complied. Why would authoritarian and hybrid regimes, such as those in Pakistan between 2005 and 2013, comply with decisions in politically important cases that were against their interests instead of disobeying or ignoring them? Very few studies have addressed this puzzling phenomenon. This article argues that increasing public support for courts coupled with reinforcement mechanisms—supported by both the judiciary and external actors—contributes to such compliance. The article concludes that a combination of social, political, and legal factors is essential for compliance by authoritarian and hybrid regimes in politically important cases.