A Comparative Legal Analysis of Judicial Autonomy, Freedom of Expression, and Criminal Justice in Pakistan and the UK: Bridging Constitutionalism and Control

Abstract

The article examines the legal systems of Pakistan and the United Kingdom through a comparative lens, focusing on three main themes: judicial independence, freedom of speech, and the framework of the criminal justice system. It examines how both systems evolved from a shared colonial common law into distinct orders, highlighting Pakistan’s ties to Islamic law and its contrast with the UK’s secular traditions and judicial independence. Attention is given to hate speech laws and how both countries balance free speech with social harmony through specific definitions and judicial moderation. Additionally, the article analyzes the structure and operation of each country’s criminal justice system, noting procedural gaps and enforcement challenges. By employing qualitative legal analysis and referencing peer-reviewed literature, this study enhances understanding of legal pluralism, the rule of law, and democratic constitutionalism. The article ends with suggestions aimed at enhancing legal clarity, ensuring judicial independence, and upholding civil liberties in both jurisdictions, promoting the need for de-politicization and accuracy within Pakistan’s legal system.

Keywords: Judiciary, Freedom of Expression, Comparative, Pakistan, UK