Judicial Role in Constitutional Evolution: An Examination of Landmark Decisions and Institutional Impact

Authors

  • Dr. Abida Abdul Khaliq Associate Dean Superior College of Law | Chairperson International School of Law and Business | Advocate High Court Author
  • Ms. Kashifa Hakim PhD Scholar, Visiting Lecturer, Gurunank University, Nankana Sahib Author
  • Mehtab Ashraf Advocate Author

DOI:

https://doi.org/10.3456/w0qv2c10

Keywords:

Judicial Review, Constitutional Evolution, Landmark Decisions, Democratic Governance, Separation of Powers, Constitutional Interpretation

Abstract

The judiciary has played a pivotal and often contentious role in shaping constitutional evolution across post-colonial legal systems, particularly in states where democratic institutions remain fragile and the separation of powers is frequently contested. This study provides a critical examination of judicial influence on constitutional development by analyzing landmark decisions that have altered the balance of authority among the executive, legislature, and judiciary. Through an evaluative doctrinal approach supported by comparative institutional analysis, the research highlights how judicial review, constitutional interpretation, and precedent-setting have both strengthened and, at times, undermined democratic governance. Findings demonstrate that landmark rulings on constitutional amendments, fundamental rights, military intervention, and judicial independence have produced long-term institutional consequences, including shifts in accountability, expanded rights protections, and evolving doctrines of constitutional supremacy. However, the analysis also reveals recurring challenges such as judicial overreach, inconsistent jurisprudence, political pressures, and weak enforcement mechanisms, which continue to influence constitutional stability. This study argues that a nuanced understanding of judicial behavior and decision-making patterns is essential for assessing institutional transformation and for proposing reforms that enhance the judiciary’s role as an impartial guardian of the constitution.

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Published

2024-12-31

How to Cite

Judicial Role in Constitutional Evolution: An Examination of Landmark Decisions and Institutional Impact. (2024). International Research Journal of Arts, Humanities and Social Sciences, 2(01), 552-560. https://doi.org/10.3456/w0qv2c10

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