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Praetorianism & Common Law In Post-Colonial Settings: Judicial Responses To Constitutional Breakdowns In Pakistan, Tayyab Mahmud
Praetorianism & Common Law In Post-Colonial Settings: Judicial Responses To Constitutional Breakdowns In Pakistan, Tayyab Mahmud
Faculty Articles
The successive constitutional crises that confronted the Pakistani courts were not of their own making. But the doctrinally inconsistent, judicially inappropriate, and politically timid responses fashioned by these courts ultimately undermined constitutional governance. When confronted with the question of the validity and scope of extra constitutional power, the courts vacillated between Hans Kelsen's theory of revolutionary validity, Hugo Grotius's theory of implied mandate, and an expansive construction of the doctrine of state necessity. A more principled and realistic response would have been to declare the validity of extra constitutional regimes a nonjusticiable political question. Besides ensuring doctrinal consistency, a refusal …
Toward Meaningful Judicial Elections: A Case For Reform Of Canon 7, Michele Radosevich
Toward Meaningful Judicial Elections: A Case For Reform Of Canon 7, Michele Radosevich
Seattle University Law Review
This Comment argues that elections can give us good judges who are both accountable to the voters and able to decide cases impartially. To accomplish this, we must, in the words of one local media commentator, “take off the muzzle and allow judges to discuss issues.” But before one can propose change, one should understand the present system and the purposes it was designed to serve. Part II of this Comment examines Canon 7 of the Washington Code of Judicial Conduct and the balance it strikes between accountability and impartiality. Part III explores how the Canon has been interpreted in …