Law and Policy Review

Effect of Precedent on Statutory Law: A Comprehensive Critique

2025-11-12T06:31:23+00:00

An important legal rule that ties common law systems to statutory law is the doctrine of precedent. This article examines the relationship between case law and statutory law, focusing on how statutes are applied, altered, and expanded through judicial decisions. With reference to the identified functions, advantages, and disadvantages of departing from precedent, this article critically discusses both positive and negative implications of judicial dependence on precedent in the statute interpretation process and in the direction of legal comprehensibility and continuity. Drawing on the analysis of key cases and academic points of view to the subject, this article offers a critique of the impact of precedent on statutory law as well as proposes guidelines to improve the relationship between the two sources of law.

Corruption Free Public Service as a Fundamental Right: A Solution to Endemic Corruption in Pakistan

2025-11-12T06:31:57+00:00

Corruption is a global phenomenon that weakens trust in institutions and affects socio-economic progress. Even after all the anti-corruption efforts, it is still rampant. This paper suggests a new solution: introducing corruption-free public service as a fundamental right enshrined in the constitution. Pakistan has been taken as a case study, where corruption is widespread despite various laws and anti-corruption organisations. The magnitude of corruption and the failure of the anticorruption measures have been highlighted with the help of credible data. It argues for reevaluating the social contract between the state and citizens, advocating for elevating corruption-free public service as a fundamental right. This proposed right could transform administrative culture and governance by empowering citizens and fostering accountability. This right protects citizens from corrupt practices, and the government would be responsible for its enforcement. Additionally, it could spark a societal shift towards zero tolerance for corruption, creating a broad-based anticorruption coalition. While not a cure-all, this fundamental right offers a promising path for driving systemic and behavioural change, paving the way for greater integrity and transparency in governance.

Human Rights and the Era of Generative Artificial Intelligence – Assessing and Enhancing Pakistan’s National AI Policy with an Insight into Global Perspectives

2025-11-24T09:47:47+00:00

This research explores the complex interplay between Generative Artificial Intelligence (GAI) and human rights. It starts by defining GAI and establishing the intrinsic importance of human rights protection in the face of such technological advancements. On one hand, it explores the potential positive effects, including improved healthcare outcomes, reduced discrimination, and increased access to education. On the other hand, it critically examines the negative consequences, such as privacy concerns arising from data collection and use, and the potential for bias and discrimination set within algorithms. To substantiate these theoretical explorations, the paper incorporates two compelling case studies: the controversial use of AI in hiring practices and predictive policing in the United States. These instances provide concrete illustrations of how GAI interacts with human rights in varied contexts. The focus is next shifted to the legal framework developed by the United States of America, the European Union, China, and Pakistan for the deployment of GAI and their relevant scopes. Pakistan’s National AI policy primarily focuses on the ways through which GAI can be used, while delaying ethical considerations, and human rights concerns. Informed by these analyses, the study recommends modifying the National AI policy of Pakistan and enacting it as soon as possible to mitigate the negative effects of GAI and maximise its potential to benefit Pakistan and humanity. This research employs a doctrinal research methodology.

Differences Related to Zakat Between the Islamic System and the Pakistani Legal System

2025-11-18T06:23:15+00:00

This research deals with the study of Zakat in the Islamic system and in the Pakistani legal system. It comparatively analyses both these systems to highlight the main differences between them. In doing so, initially, it discusses the basic principles of Zakat in Islam, such as nisab (minimum wealth) and the rate of Zakat on different items, its religious and economic importance, as well as its exemptions. Later on, its legal development in the Pakistani legal system will be discussed. That legal development is related to the period before and after the formation of the Zakat and Ushr Ordinance 1980. Finally, the differences between these systems are being discussed to amend the Pakistani laws to make them consistent with Islamic law

Concept and Judicial Treatment of Standard Printed Contracts

2025-11-29T10:48:02+00:00

To meet modern business requirements such as the digitalization of commercial activities, the extensive use of standard printed contracts has become unavoidable despite their tricky formulation, including obscure, illegible, and complex clauses that ordinary buyers rarely understand or read, often leading to commercial exploitation. The objective of this paper is to outline the concept of standard printed contracts, as executing such contracts results in provision of exemption clauses causing commercial exploitations. However, effective treatment through judiciary can help counter these abuses. This study adopts an analytical, qualitative, exploratory, and descriptive research methodology while considering the judicial interpretation and the legal safeguards available under both English and Pakistani laws. In conclusion, the paper finds that judicial treatment of standard printed contracts balances the need to uphold freely made contracts while protecting weaker parties from unfair terms. An effective judiciary can foster economic stability and development by providing an organized, timely and orderly mechanism for dispute resolution. While English law provides a rich body of case law on these issues, Pakistani law is gradually developing frameworks to address similar concerns.