Posts

Showing posts from June, 2026

Do Old Theories of Law Still Matter? Jurisprudence in 2026 Pakistan

Introduction Ask a law student why they're studying jurisprudence and you'll often get a shrug. It feels like the most abstract corner of a law degree — a parade of nineteenth-century Englishmen and German philosophers arguing about what "law" really is , while the real work happens in courtrooms, legislatures, and now, increasingly, in app terms-of-service and parliamentary committees on artificial intelligence. But spend a year watching Pakistan's courts, legislature, and public debates in 2026, and you start to notice something: almost every major controversy is, underneath the surface, a jurisprudential argument. The question isn't whether these old theories are relevant — it's that they've quietly become more relevant, not less, as Pakistan's legal system is pulled in several directions at once. Natural Law: Still the Country's Constitutional Backbone Natural law theory holds that law derives its legitimacy from a higher moral order — ...

The Doctrine of Legitimate Expectation in Contemporary Administrative Law: A Critical Analysis of Pakistani, UK, and Indian Jurisprudence

Introduction The doctrine of legitimate expectation has emerged as a significant principle in modern administrative law, functioning as a safeguard against arbitrary governmental action and promoting fairness in public administration. The doctrine protects individuals who have relied upon promises, representations, or established practices of public authorities. Although it does not create substantive legal rights, it ensures that administrative authorities act consistently, transparently, and fairly. Originating in English administrative law, the doctrine has subsequently influenced legal systems across common law jurisdictions, including Pakistan and India. This article critically examines the development and application of the doctrine of legitimate expectation in the United Kingdom, Pakistan, and India, highlighting similarities, differences, and contemporary challenges. Concept and Rationale of Legitimate Expectation Legitimate expectation arises when a public authority, through i...

Mental Health as a Human Right: Legal Recognition, Challenges, and the Way Forward

Abstract Mental health has emerged as one of the most significant human rights concerns of the twenty-first century. While traditional human rights discourse primarily focused on civil, political, economic, and social rights, contemporary legal scholarship increasingly recognizes mental health as an indispensable component of human dignity, autonomy, and well-being. The growing prevalence of mental disorders, coupled with persistent stigma, inadequate healthcare infrastructure, and discriminatory legal practices, has intensified calls for the recognition of mental health as a fundamental human right. This article critically examines the conceptual relationship between mental health and human rights, analyzes the international and Pakistani legal frameworks governing mental health, evaluates leading judicial decisions, and explores contemporary challenges affecting mental health protection. It argues that although significant legal progress has been made, substantial gaps remain between...

Minors and Contractual Capacity: A Comparative Study of Legal Approaches

IN PAKISTAN AND ACROSS JURISDICTIONS OF THE WORLD By Rida Fatima Dahar     Research Question: "Does the Pakistani law relating to minors' contracts provide an effective balance between the protection of minors and commercial certainty when compared with other jurisdictions?"   Keywords: Minors' Contracts | Capacity to Contract | Contract Act 1872 | Comparative Contract Law Void Agreements | Necessaries | Ratification | Restitution | Child Protection | Contractual Capacity Abstract This research paper undertakes a comprehensive comparative analysis of the legal principles governing contracts entered into by minors across five major jurisdictions: Pakistan, the United Kingdom, India, the United States, and Australia. The central inquiry examines whether Pakistani law under the Contract Act, 1872 strikes an effective balance between the protection of minors and the demands of commercial certainty. The paper reveals that Pakistan, along...