Types of Law in Pakistan, a country with a rich cultural heritage, boasts a legal system deeply rooted in the common law traditions of England and the United States. In this article, we will delve into the intricacies of the Pakistani legal framework, shedding light on its citation formats, court structure, constitutional foundations, statutory regulations, and specialized courts.
I. Case Citations in Pakistan
Understanding how legal cases are cited in Pakistan is fundamental for legal professionals and researchers. Case citations follow a specific format:
Creating a table to illustrate how legal cases are cited in Pakistan:
| Component | Format Example |
|---|---|
| Case Name | Muhammad v. State |
| Year of Reporter | (1986) |
| Volume Number | 38 |
| Reporter Abbreviation | PLD |
| Court Abbreviation/Province | (SC) (Pak.) |
| First Page | 13 |
| Specific Material Page(s) | N/A |
| Year of Decision | (Pak.) |
| Country Abbreviation | N/A |
In the example provided, the case “Muhammad v. State” is cited as follows:
- Case Name: Muhammad v. State
- Year of Reporter: (1986)
- Volume Number: 38
- Reporter Abbreviation: PLD
- Court Abbreviation/Province: (SC) (Pak.)
- First Page: 13
- Specific Material Page(s): N/A
- Year of Decision: (Pak.)
- Country Abbreviation: N/A
This table visually breaks down the components of a legal case citation in Pakistan, making it easier to understand the format used in legal documentation
II. Courts and Specialized Courts
The Pakistani court system is structured hierarchically. Specialized courts, notably the Federal Shariat Court (FSC), play a crucial role in cases related to Islamic law. The FSC’s decisions are subject to review by the Supreme Court of Pakistan (SC), ensuring a checks-and-balances mechanism within the legal system.
III. Legal Reporters
Legal researchers rely on various publications, such as All-Pakistan Legal Decisions, Supreme Court Monthly Review, and Pakistan Law Journal. These reporters publish judgments, statutes, and regulations, forming the backbone of legal research in Pakistan.
Legal reporters play a vital role in legal research and documentation. Some of the commonly cited publications in Pakistan include:
- All-Pakistan Legal Decisions (PLD)
- Supreme Court Monthly Review (SCMR)
- Civil Law Cases (CLC)
- Pakistan Criminal Law Journal (PCrLJ)
- Pakistan Tax Decisions (PTD)
- Pakistan Labour Cases (PLC)
- Corporate Law Decisions (CLD)
- Monthly Law Digest (MLD)
- Yearly Law Reporter (YLR)
- Pakistan Law Journal (PLJ)
- National Law Reporter (NLR)
- Karachi Law Reports (KLR)
IV. Constitutional Framework
Pakistan’s constitutional journey since its inception in 1947 has resulted in three constitutions. Citing the constitution and its amendments follows a specific format: Pakistan Const. art. 4, § 2, cl. a. Understanding the constitutional framework is pivotal in comprehending the legal rights and responsibilities of Pakistani citizens.
V. Statutes and Legislation
Navigating through Pakistani statutes involves referencing the Pakistan Code (Pak. Code), the primary official source. Commercial law publishers, like All-Pakistan Legal Decisions and Pakistan Law Journal, also provide updated statutes. Citation formats vary, but adherence to official sources is crucial for accuracy.
VI. Provincial Legislation
Provincial laws are compiled in provincial codes, such as the Punjab Code and the Sindh Code. Each province has its official gazette, which publishes local bills and acts. Online resources, like Punjab Laws Online, provide access to provincial legislation.
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VII. Session Laws
Session laws, including amendments, are published in official gazettes. These can also be found in commercial law publications, ensuring accessibility. Citing session laws accurately is essential for legal research and academic pursuits.
Conclusion
A profound understanding of Pakistan’s legal system is imperative for legal professionals, scholars, and the general public. By grasping the intricacies of case citations, court structures, constitutional foundations, statutory regulations, and specialized courts, one can navigate the legal landscape effectively. Access to reliable legal reporters and official publications ensures the accuracy and depth of legal research. As Pakistan continues to evolve, a robust legal framework remains essential for a just and progressive society.