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22 November 2007
Issue: 7298 / Categories: Opinion , Profession
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The NLJ Column

The legal profession has a duty to stand up to executive intimidation

When Pakistan’s president, Pervez Musharraf, declared emergency rule in his country, he told the nation that the measure was necessary to control growing Islamist extremism in Pakistan.

A significant feature of General Musharraf’s crack-down was the arrest and detention of judges and lawyers who he perceived as crippling his government.

EARLIER PRECEDENT

Musharraf is not the first leader to attack the judiciary in this way. An earlier precedent can be found in Egypt where over 1,000 judges threatened to boycott presidential and Parliamentary elections in 2005 unless the government took steps to control corruption, and even earlier in 1968 the judiciary was so outspoken about Nasser’s war policy that he dismissed them in what became known as the “massacre of the judiciary”.

More surprisingly, executive belligerence towards the judges and a determination to emaciate them of their powers has been demonstrated both in the US and the UK, the former by attempting to put detainees beyond the reach of the judges in Guantanamo Bay and the latter initiating incessant attacks on the judges for

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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