ABSTRACT

The proposed standard and procedure are intentionally flexible in order to address the historical and socio-political factors that make Pakistan unique among the comparative examples. Accordingly, the restraint doctrines proposed here could certainly be set aside by the Supreme Court of Pakistan when facing extra-constitutional forces like a military coup. The proposed justiciability standard could be used in times of civilian rule in order to allow the Supreme Court to build the reserves of public legitimacy and political credibility in order to deliver justice to disenfranchised people in Pakistan.