Jones Day CALS Visiting Professor on the Rule of Law in Asia

It was our honour to have had the Honourable Justice Ayesha Malik from the Supreme Court of Pakistan as the first Jones Day CALS Visiting Professor on the Rule of Law in Asia. As part of her appointment, Justice Ayesha Malik delivered a powerful lecture on “Judicial Review and the Rule of Law”. Justice Malik provided an incisive narrative on the learnings which emerge from Pakistan and its judiciary on various aspects of the rule of law. She noted that Pakistan’s judiciary was frequently called upon to supplement the legislative and executive limbs of the State to ensure smooth functioning of the society. In order to remedy delays and to facilitate access to justice for citizens, Pakistan’s judiciary has to play a very proactive role and find creative ways to interpret and implement the rule of law. Justice Malik gave numerous instances from her own experience of cases which required judges to not just look at the black letter of the law but also understand its purpose and context. She used the example of a case involving compensation to sugar cane producers to illustrate the point that while interpreting the law judges must also balance the interests of all stakeholders. Her lecture discussed in detail the themes of judicial activism and the delicate balance between law-making and its interpretation in a specific context to achieve equitable outcomes. She emphasized that in a country like Pakistan where citizens frequently put their trust in the courts to deliver justice, the role of the judiciary in protecting and upholding the rule of law was crucial.

Among her many achievements, Justice Ayesha is a trailblazer for gender equity in Pakistan. She is the first female judge appointed to the Supreme Court in the country’s 75-year history, and her brilliance was put on full display at the professorial lecture.