Separation of Powers and Role of Judicial Activism in Pakistan

Abstract

A system of checks and balances is established through a doctrine of separation of powers to prevent tyranny and excessive use of power vested upon legislature, Judiciary and executive branches of the State. Modern democracy is based upon the balance of this trichotomy of powers and democratic constitution is further safeguarded through judicial activism. Judicial inquisitorial activism through the legal lens checks and invalidates the acts of legislature and executives which are ultra-vires the constitution. The doctrine of judicial review in Pakistan is not unprecedented when compared with other countries. This study presents the judicial activism on legislative acts and on executives in order to restrain them to act under the framework of basic structure of the constitution. This study indicates that Superior courts have earned public trust through judicial activism, when legislators and executives exceed their powers beyond the permissible limits enshrined in the Constitution; but at the same time, this activism has also some prominent demerits when exercised in excess especially when international investment and economic activity is concerned in Pakistan.