A Transnational Actor on a Dramatic Stage – Sir Ivor Jennings and the Manipulation of Westminster Style Democracy in Pakistan

Kumarasingham, Harshan

doi:10.1017/9781108561792.003

Cited by 4 publications

(3 citation statements)

References 13 publications

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“…198 This period also saw Diplock involved with a constitutional dispute in Pakistan, 199 after the Governor General dissolved the Constituent Assembly 'to forestall the adoption a new constitution that would have curbed his powers'. 200 The key figure was Ivor Jennings who, in his role as adviser to the Governor General, Harshan Kumarasingham has argued, 'colluded to ex post facto justify a constitutional coup d'état that crushed democratic saplings, ridiculed the rule of law, and exposed the dangers of adopting the Westminster model and the conventions and prerogatives that came with it'. 201 When the dissolution was challenged in court -leading to 'the most dramatic court case in Pakistani history following one of the most controversial constitutional crises in the common law world' -it was not, however, Jennings who defended it but rather Diplock, albeit using -it appears -arguments that were marshalled by Jennings.…”

Section: Lord Diplock At the Barmentioning

confidence: 99%

Judicial Biography in the National Security Constitution: Lord Diplock and a ‘Rather Silly Little Secret Racket’

Scott

2023

Modern Law Review

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This article considers the extra‐judicial work of Lord Diplock in the domain of national security in the context of his life and judicial work. It first considers briefly the role of judicial biography in understanding the work of judges and then the particular considerations which apply to such biography in the context of national security law and practice. The following sections consider Lord Diplock's role in national security oversight, emphasising the wide range of issues with a national security dimension which Diplock was called upon to consider. It then seeks to shed light on the reasons for which he was repeatedly entrusted by the government to consider matters of the utmost sensitivity by turning back to his early life, his service during the second world war, and his work thereafter.

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Section: Lord Diplock At the Barmentioning

confidence: 99%

Judicial Biography in the National Security Constitution: Lord Diplock and a ‘Rather Silly Little Secret Racket’

Scott

2023

Modern Law Review

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“…Extensive writings and research on the rule of law across the world's states do not conventionally link to politics of legal occupations, although enterprises such as the World Justice Project may stimulate future research. Scholarship on constitutionalism has attended to diffusion (Ginsburg 2011(Ginsburg , 2019 and the efficacy of individuals, giving particular attention to historical and contemporary legal notables (Ginsburg 2019, Kumarasingham 2019. Work on the Venice Commission comes closest to an IO where legal academics, judges, and lawyer-civil servants work jointly to institutionalize global norms (Craig 2019).…”

Section: An International Legal Complexmentioning

confidence: 99%

Protecting Basic Legal Freedoms: International Legal Complexes, Accountability Devices, and the Deviant Case of China

Halliday

Zilberstein

Espeland

2021

Annu. Rev. Law. Soc. Sci.

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With a focus on legal and other organizational actors beyond the state, this article seeks to expand the theory of conditions under which legal occupations will mobilize to fight for basic legal freedoms within states. It elaborates the line of scholarship on legal complexes and political liberalism within states since the 17th century. First, we catalog harms that international organizations (IOs) of many kinds seek to protect in the more than 190 states in the world. Second, we elaborate the concept of an international legal complex (ILC) as a collective actor in the global struggle for basic legal freedoms. We illustrate these two steps with new data on China drawn from a wider project. We show what harms mobilize the ILC, international human rights organizations (IHROs) and an international governmental organization, the UN Human Rights Council (UNHRC). We focus on accountability devices as tools differentially deployed by the ILC, IOs, and UNHRC in their efforts to influence the institutionalization of basic legal freedoms, an open civil society, and a moderate state in China. The illustrative case of China provides a framework for research and theory on all other countries. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

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“…Three centuries of desuetude of such power and the near consensus of this in the historical literature was no barrier for the Federal Court siding with autocracy over democracy. 54 Supposedly ceremonial heads of state based on the British model saw and exercised great power drawing on their constitutional history and local traditions, which has encouraged political conflict such in Malaysia with the Sultans and Prime Minister Mahathir Mohamad 55 and the propensity of Governors-General in the Pacific islands to act in extraordinary ways during not infrequent constitutional crises. 56 Constitutional history arrayed for such improbable political manoeuvres not only stretched the use of history, but also laid a powerful legacy how history of this kind can be manipulated with very real consequences.…”

Section: Post-war and Professional Commonwealth Constitutional Historymentioning

confidence: 99%

Written Differently: A Survey of Commonwealth Constitutional History in the Age of Decolonisation

Kumarasingham

2018

The Journal of Imperial and Commonwealth History

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This article provides a survey and definition of the field of Commonwealth constitutional history since 1918, especially during and after global decolonisation. It asks what is Commonwealth constitutional history and how it differs from its English and Imperial counterparts. The article puts forward a working definition of Commonwealth constitutional history and introduces key and diverse writers who illustrate the range and potential of this history. The article provides an historiography and survey of constitutional history in the Pre-Commonwealth and Postwar Commonwealth periods while also assessing the opportunities of Post-British Commonwealth constitutional history. Throughout the article is the objective to show how Commonwealth constitutional history can contribute to the historical study of state power and to see its worth to other fields of history and disciplines. Commonwealth constitutional history is a necessity to examine the politics, power and consequences of the British empire during the long age of decolonisation.

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A Transnational Actor on a Dramatic Stage – Sir Ivor Jennings and the Manipulation of Westminster Style Democracy in Pakistan

Cited by 4 publications

References 13 publications

Judicial Biography in the National Security Constitution: Lord Diplock and a ‘Rather Silly Little Secret Racket’

Judicial Biography in the National Security Constitution: Lord Diplock and a ‘Rather Silly Little Secret Racket’

Protecting Basic Legal Freedoms: International Legal Complexes, Accountability Devices, and the Deviant Case of China

Written Differently: A Survey of Commonwealth Constitutional History in the Age of Decolonisation

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