JISPIL Vol 3 Issue 3 2007 - A3

Abstract

 

The article begins with some comments on the incorporation of Article 9 of the Constitution of Pakistan 1973, and then it goes on to through light on its characteristics.  On the next step, it expounds the legislative and judicial background of developments of the environmental protection legal regime, till the landmark case of Shehla Zia. Then, it discusses in detail, in the post Shehla Zia era, the expansion of the ambit of Article 9. While focusing on the emerging environmental rights out of Article 9, it also elaborates analytically the different techniques and strategies, relating to accesses to justice through public interest litigation and suo moto actions taken by the Higher Judiciary of Pakistan, providing innovative remedies. At the end, it concludes: although the hidden treasure of Article 9 has been deciphered by the judiciary to address the environmental issues, but, still, it has great potential to be exploited, to answer the ever increasing environmental problems, due to massive urbanization, ill-planned industrialization, increasing deforestation, unabated growth of population and popular modernization.

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