Detail The Earthquake Tragedy: Act of God or Failure of State? The Legal Framework for Assigning Liability for Defective Construction in Pakistan Bibliografi Author: Khan, Maryam ; Cheema, Moeen ; Siddique, Osama Topik: Earthquake Tragedy Bahasa: (EN )     Penerbit: [s.n]     Tempat Terbit: Pakistan    Tahun Terbit: 2007     Jenis: Papers/Makalah Fulltext: Maryam Khan.pdf (113.0KB; 1 download) Abstract The object of this paper is to present a detailed review of various legal avenues that may be adopted by the victims of the earthquake tragedy to pursue private parties, public officials, State institutions and the State itself for compensation. On the one hand are tort remedies which, though obtrusively neglected and underdeveloped in Pakistan, may ostensibly provide the impetus for public interest and class action litigation based on similar advancements in foreign common law jurisdictions, including the UK and India. On the other hand are criminal remedies which, based on Islamic Law concepts of Qisas and Diyat, may be amenable to the provision of some form of monetary palliation for damage resulting from defective construction. A third avenue is that of the Constitutional writ procedure in the High Courts and Supreme Court of Pakistan. The paper scrutinizes all these possibilities within the framework of Pakistani law, simultaneously drawing from comparative frameworks for perspective, with a view to delineating the most appropriate route in Pakistan for establishing accountability for failures of the State and, thereby, for pursuing compensatory remedies for damage resulting from defective construction of buildings. Opini Anda Klik untuk menuliskan opini Anda tentang koleksi ini! Lihat Sejarah Pengadaan  Konversi Metadata   Kembali

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