PARALLEL AND CONFLICTING LAWS

Authors

  • FAIZA SHAMIM Ph.D Candidate, Department of Law, University of Karachi

DOI:

https://doi.org/10.46896/alazhr.v8i01.337

Keywords:

Rule of Law Index, causes of delay, laws of colonial era, parallel laws, Article 227 of the Constitution.

Abstract

In Pakistan, due to lack of implementation of rule of law and delayed trials, litigants have lost faith considerably in the judicial system and find themselves under compulsion to settle their matters or to punish the abuser  themselves, rather than approaching the courts of law and keep waiting for rest of their lives. The study is intended to highlight reforms of obstacles in our judicial system that will not only boost citizens’ access and confidence in courts but will also help to break the cycle of  mistrust toward judiciary. The scholars have been debating and propounding arguments about the unsuitability of the colonial legal system for the subcontinent people. They highlight its foreignness and its complexity which need comprehensive planning for its cure. It should be evident that ‘delay reduction’ must not comprise of enhancing court capacity only through bolstering the number of judges but there are several other factors that can create additional work load for the courts and cause delay, such as, inefficiency of court processes, higher levels of public litigations; non availability of other viable modes of dispute resolution; procedural flaws and most significantly overabundance of laws.

 

 

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Published

2022-06-25

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Section

Articles