The Role of Precedent in the Legal System of Pakistan

Abstract

This paper is an evaluation of the role of judicial precedent in the legal system of Pakistan, with references to the position of a country that follows the tradition of common law. The paper discusses the origins of the doctrine of precedents, its role, and its purpose in giving the law certainty, consistency, and justice. The study explores the working of precedent in Pakistan’s judiciary with unique references to its role in the decision-making process and its functioning in the courts of the country. The paper focuses on the place of precedent in the evolution of the law, especially in areas of the law that are the subject of limited legislation. Nonetheless, the paper also highlights some difficulties regarding Pakistan's legal operation that hinder the process of following precedents. This is judicial activism, where sometimes courts are out of bounds and deal with the issues using their methods. The other problem is that it is much harder for the higher courts to follow the lower courts' precedents equally. Furthermore, the merger of Islamic law and common law gives rise to difficulty in interpreting precedents that appear contrary to Shariah. The paper concludes with an analysis of the main developments in the reforms and judicial responses to the challenges under consideration, emphasizing an approach that safeguards the dichotomy of the two legal systems while directing them toward respect for the principles of the rule of law and justice.