Introduction to the Pakistani Legal System, with Special Reference to the Law of Contract 1 Yearbook of Islamic and Middle Eastern Law 1994

1 Y.B. Islamic & Middle E. L. 3 (1994)
Introduction to the Pakistani Legal System, with Special Reference to the Law of Contract

handle is hein.journals/yislamie1 and id is 21 raw text is: Introduction to the Pakistani Legal System, with
special reference to the Law of Contract
Martin Lau *
1 THE LEGAL SYSTEM OF PAKISTAN
The legal system in Pakistan is derived from the English model through the
adoption of the laws and structures of British India, itself a codified legal
system based on nineteenth century English law. As a result, the legal system
and much of the substantive law of Pakistan will be familiar to any Common
Law lawyer.
The substantive law of Pakistan is derived from the English Common Law.
In addition, Pakistan is an Islamic Republic. Although Pakistan is presently
undergoing a change in its jurisprudence, this paper sets out the law of
Pakistan as it is rather than attempting to consider what the law might become
in the fulture.
1.1 Judicial system
The structure of the legal system of Pakistan is based on the Constitution of
the Islamic Republic of Pakistan of 12 April 1973, which was brought into
force on 14 August 1973 under its Article 265. Pakistan is a federation consist-
ing of four Provinces: Punjab, Baluchistan, Sindh and North-West Frontier
and the Federally Administered Tribal Areas (see Art. 1 as substituted by the
Constitution (First Amendment) Act 1974, No. 33 of 1974). The judicial
structure is marked by a hierarchy of courts. There is one Supreme Court of
Pakistan and a High Court for each Province (Art. 175 (1)). Each High Court
supervises and controls all courts subordinate to it (Art. 202). The jurisdiction
of these courts is determined by the Constitution or any other law
(Art. 175 (2)).'
The Supreme Court has jurisdiction to hear and determine appeals from
judgments, decrees, final orders or sentences of the High Court (Art. 185 (1)).
*etrrin Law, School of oriental and African Studies (SOAS), University of London.
1 For a diagrammatic representation, see Figure 1. 1.

3

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