Sovereignty and the Constitution: The Development of Pakistan's Grundnorm

The constitution of a country is the supreme national institution, and its provisions significantly affect the development of politics and society. The process of constitution making is key for understanding the constitution, and an assessment of the process makes possible a better and deeper unders...

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Bibliographic Details
Published in:Journal of law, religion and state
Main Author: Bangash, Yaqoob Khan 1984- (Author)
Format: Electronic Article
Language:English
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Published: Brill [2019]
In: Journal of law, religion and state
Standardized Subjects / Keyword chains:B Pakistan / Constitutional convention / Pure legal doctrine / Norm (Ethics) / Islam / History 1949-2019
RelBib Classification:AD Sociology of religion; religious policy
BJ Islam
KBM Asia
XA Law
Further subjects:B Sovereignty
B Pakistan
B Jinnah
B constituent assembly
B Islamic constitutionalism
B Grundnorm
Online Access: Volltext (Resolving-System)
Volltext (doi)
Description
Summary:The constitution of a country is the supreme national institution, and its provisions significantly affect the development of politics and society. The process of constitution making is key for understanding the constitution, and an assessment of the process makes possible a better and deeper understanding of the workings of the country, its politics, economy, and polity. The discussion of Islamic constitutionalism has recently gained momentum, especially in the wake of a reorganization of the Middle East and the Arab Spring. This paper focuses on the development of the first "Islamic" constitution, that of Pakistan, and analyzes the issues and problems it faced. It focuses on the issue of sovereignty, a concept underlying modern democracy, and uses the debates of the Constituent Assembly of Pakistan during the critical debate on the Objectives Resolution, in March 1949. The experience of Pakistan is seminal, as we historically understand and currently assess the issues of Islam, democracy, and the modern nation state.
ISSN:2212-4810
Contains:Enthalten in: Journal of law, religion and state
Persistent identifiers:DOI: 10.1163/22124810-00702001