强有力的司法是民主的危机:来自巴基斯坦的“法律与发展”研究

IF 0.4 Q3 LAW

Law and Development Review Pub Date : 2020-09-25 DOI:10.1515/LDR-2020-0018

Muhammad Azeem

{"title":"强有力的司法是民主的危机:来自巴基斯坦的“法律与发展”研究","authors":"Muhammad Azeem","doi":"10.1515/LDR-2020-0018","DOIUrl":null,"url":null,"abstract":"Abstract By the late 1990s, international financial institutions prescribed a ‘good governance’ paradigm that sought to empower the judiciary to curb ‘state capture’ by the corrupt political elites of developing countries. Good governance was supposed to act as a midwife to economic development, providing the ‘rule of law’ for the free market reforms of structural adjustment programs that had hitherto failed to provide much success. This article examines the implementation of ‘good governance’ in Pakistan, arguing that empowering the judiciary served to weaken an already weak legislature. The tangible issues of popular political representation and economic redistribution were displaced by the discourses on the control of corruption and the rule of law. Based on this experience, the article encourages a shift in law and developmental theorizing to focus on forms of legislature and democratic rule and a redefined role for the ‘civil society’ within this.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2020-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"A Strong Judiciary as a Crisis for Democracy: A ‘Law and Development’ Study from Pakistan\",\"authors\":\"Muhammad Azeem\",\"doi\":\"10.1515/LDR-2020-0018\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract By the late 1990s, international financial institutions prescribed a ‘good governance’ paradigm that sought to empower the judiciary to curb ‘state capture’ by the corrupt political elites of developing countries. Good governance was supposed to act as a midwife to economic development, providing the ‘rule of law’ for the free market reforms of structural adjustment programs that had hitherto failed to provide much success. This article examines the implementation of ‘good governance’ in Pakistan, arguing that empowering the judiciary served to weaken an already weak legislature. The tangible issues of popular political representation and economic redistribution were displaced by the discourses on the control of corruption and the rule of law. Based on this experience, the article encourages a shift in law and developmental theorizing to focus on forms of legislature and democratic rule and a redefined role for the ‘civil society’ within this.\",\"PeriodicalId\":43146,\"journal\":{\"name\":\"Law and Development Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2020-09-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and Development Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1515/LDR-2020-0018\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Development Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/LDR-2020-0018","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}

引用次数: 0

摘要

到20世纪90年代末，国际金融机构制定了一种“善治”范式，试图授权司法机构遏制发展中国家腐败政治精英的“国家俘获”。良好的治理被认为是经济发展的助产士，为迄今未能取得多大成功的结构调整计划的自由市场改革提供“法治”。本文考察了“善治”在巴基斯坦的实施情况，认为赋予司法机构权力会削弱本已薄弱的立法机构。民众政治代表权和经济再分配等具体问题被关于控制腐败和法治的论述所取代。基于这一经验，本文鼓励法律和发展理论的转变，将重点放在立法和民主统治的形式上，并在其中重新定义“公民社会”的角色。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

查看原文本刊更多论文

A Strong Judiciary as a Crisis for Democracy: A ‘Law and Development’ Study from Pakistan

Abstract By the late 1990s, international financial institutions prescribed a ‘good governance’ paradigm that sought to empower the judiciary to curb ‘state capture’ by the corrupt political elites of developing countries. Good governance was supposed to act as a midwife to economic development, providing the ‘rule of law’ for the free market reforms of structural adjustment programs that had hitherto failed to provide much success. This article examines the implementation of ‘good governance’ in Pakistan, arguing that empowering the judiciary served to weaken an already weak legislature. The tangible issues of popular political representation and economic redistribution were displaced by the discourses on the control of corruption and the rule of law. Based on this experience, the article encourages a shift in law and developmental theorizing to focus on forms of legislature and democratic rule and a redefined role for the ‘civil society’ within this.

求助全文

通过发布文献求助，成功后即可免费获取论文全文。去求助

来源期刊

Law and Development Review LAW-

CiteScore

0.90

自引率

0.00%

发文量

期刊介绍： Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.