TY - JOUR
T1 - Constitutionalizing a perpetual transition
T2 - The "integration" of the Pashtun "tribal areas" in Pakistan
AU - Cheema, Moeen
AU - Yousaf, Farooq
N1 - Publisher Copyright:
© 2021 The Author(s) 2021.
PY - 2020/12/1
Y1 - 2020/12/1
N2 - 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.
AB - 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.
UR - http://www.scopus.com/inward/record.url?scp=85121008743&partnerID=8YFLogxK
U2 - 10.1093/icon/moaa093
DO - 10.1093/icon/moaa093
M3 - Article
SN - 1474-2640
VL - 18
SP - 1405
EP - 1428
JO - International Journal of Constitutional Law
JF - International Journal of Constitutional Law
IS - 4
ER -