Doctrine of Necessity, 26th Amendment and judicial review

The present study is a venture into the structural transformation of judicial power in Pakistan by tracing out its evolution from the Doctrine of Necessity to the 26th Constitutional Amendment. The judiciary has historically legitimized the extra-constitutional excesses of the executive on the basis of necessity jurisprudence. But post 2009, the judiciary shifted its stance and resorted to the doctrine of “Salient Features” to justify its autonomy. As a result, the parliament passed the 26th Amendment to create executive-backed Constitutional Benches, and to reshape the judicial appointments process to curtail judicial review. This paper seeks to consider if this is an appropriate example of parliamentary sovereignty.

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Publication Details

Journal
Perspectives in Social Sciences
Published
2026-11-06
DOI
https://doi.org/10.63468/pss.161
Primary Topic
Judicial and Constitutional Studies
Type
article
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article

Doctrine of Necessity, 26th Amendment and judicial review

Tansif Ur Rehman, Shahrukh Khan
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Perspectives in Social Sciences
Judicial and Constitutional Studies
article

Doctrine of Necessity, 26th Amendment and judicial review

Tansif Ur Rehman, Shahrukh Khan
article en

Abstract

The present study is a venture into the structural transformation of judicial power in Pakistan by tracing out its evolution from the Doctrine of Necessity to the 26th Constitutional Amendment. The judiciary has historically legitimized the extra-constitutional excesses of the executive on the basis of necessity jurisprudence. But post 2009, the judiciary shifted its stance and resorted to the doctrine of “Salient Features” to justify its autonomy. As a result, the parliament passed the 26th Amendment to create executive-backed Constitutional Benches, and to reshape the judicial appointments process to curtail judicial review. This paper seeks to consider if this is an appropriate example of parliamentary sovereignty.

Perspectives in Social SciencesVol. 5(11(I))
University of Karachi (PK), Dadabhoy Institute of Higher Education (PK)
Peace, justice, and strong institutions
Openalex Percentile: Top 6%
Judicial and Constitutional Studies
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