Constitutionalizing a Perpetual Transition: The ‘Integration’ of the Pashtun ‘Tribal Areas’

Date

2020

Authors

Cheema, Moeen
Yousaf, Farooq

Journal Title

Journal ISSN

Volume Title

Publisher

Oxford University Press

Abstract

This article charts the historical marginalization of Pashtun tribal areas to the periphery of the Pakistani state and undertakes an analysis of the recent movement for their integration in Pakistan’s constitutional structure. It also analyzes contemporaneous developments in Pakistan’s constitutional system, in particular the accommodation of a stronger form of federalism and the emergence of a powerful judiciary brandishing robust judicial review and fundamental rights jurisdictions, which have provided both the backdrop and impetus to the integration of the Federally Administered Tribal Areas (FATA) in Pakistan’s constitutional system of governance. The article asserts that this case study of FATA’s integration demands an acknowledgment of the deeply political and inherently transitional nature of constitutionalism in Pakistan, and arguably many other parts of the Global South.

Description

Keywords

Comparative Perspectives on Conflict Resolution and Constitutionalism, Symposium: Peace Processes and Constitution-making:

Citation

Source

International Journal of Constitutional Law

Type

Journal article

Book Title

Entity type

Access Statement

License Rights

DOI

10.1093/icon/moaa093

Restricted until

2099-12-31