Introduction

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The hyper-active quality of the Chaudhry Court is an extreme example of a world-wide trend of the 'judicialization of politics' recognized by Ran Hirschl, who explains that over the past few years the world has witnessed an astonishingly rapid transition to what may be called juristocracy. The global trend towards judicialization of politics can disturb the balance of power between branches in a tripartite system. The modern expansion of judicial review and judicial power in general in Pakistan and India can be traced to both nations' complex relationship to British colonial judicial institutions. The role of the Supreme Courts in Pakistan, India and the United States is designated in two parts are the constitutional powers granted to the Court and interpretation of those powers through common law jurisprudence.