International Journal of Law and Policy

Modern Trend and Role of Jurisprudence in this Era

2026-02-28T08:00:13+03:00

Jurisprudence, the theoretical study of law, is undergoing a significant transformation in the modern era, reflecting its dynamic role in navigating complex societal challenges. The contemporary trend is characterized by a pronounced interdisciplinary shift, integrating insights from economics, cognitive science, political philosophy, and data science. This move beyond traditional analytical frameworks allows for a more nuanced understanding of law as a social instrument. Consequently, modern jurisprudence actively engages with pressing issues like technological governance (AI, digital privacy, algorithmic bias), global justice (human rights, climate change law), and identity-based claims (gender, race, and indigenous rights). Its role has evolved from a purely explanatory to a critical and reform oriented one. By analyzing the foundations, efficacy, and ethical implications of law in a rapidly changing world, jurisprudence now serves as an essential intellectual toolkit for crafting just, responsive, and legitimate legal systems for the 21st century.

Deterrent, Preventive and Reformative Theories of Punishment

2026-02-28T08:00:12+03:00

Punishment theories primarily aim to justify the state's authority to penalize offenders, with three core philosophies offering distinct rationales. The deterrent theory posits that punishment should deter both the specific offender (special deterrence) and the general public (general deterrence) from future crimes by instilling fear of consequences. In contrast, the preventive theory focuses on physically preventing crime by incapacitating the offender through methods like imprisonment or death, thereby neutralizing their immediate threat to society. Lastly, the reformative theory adopts a rehabilitative approach, viewing punishment as a means to reform and morally regenerate the offender, transforming them into a law-abiding citizen through education and correctional programs. These theories often operate in tension, reflecting a fundamental societal choice between retributive justice, crime prevention, and the potential for offender rehabilitation.

Supremacy of the Constitution Cornerstone of Democratic Governance

2026-02-28T08:00:11+03:00

The supremacy of the Constitution stands as the cornerstone of democratic governance, ensuring that all institutions, authorities, and citizens operate within a framework of established laws and principles. It affirms that the Constitution is the highest legal authority, binding the legislature, executive, and judiciary, and safeguarding fundamental rights and freedoms. In a democratic system, constitutional supremacy prevents the abuse of power, promotes accountability, and upholds the rule of law. It provides mechanisms for checks and balances, judicial review, and the protection of minority rights against majoritarian excesses. By clearly defining the structure, powers, and limits of government, the Constitution fosters political stability and public confidence in state institutions. Moreover, it serves as a guiding document reflecting the collective will and aspirations of the people. Therefore, constitutional supremacy is essential for maintaining justice, equality, and democratic integrity in any modern state.

Justice on Hold Key Bottlenecks in Pakistan's Criminal Conviction System

2026-02-28T08:00:10+03:00

The criminal justice system of Pakistan continues to face persistent delays that undermine public trust and weaken the rule of law. This study examines the key bottlenecks in Pakistan’s criminal conviction process, including investigative deficiencies, prosecutorial inefficiencies, judicial backlog, inadequate forensic capacity, and procedural complexities. Delayed police investigations, poor evidence collection, witness intimidation, and frequent adjournments significantly contribute to low conviction rates. Structural issues such as shortage of judges, limited coordination among law enforcement agencies, and lack of modern case management systems further aggravate the problem. The study also highlights the impact of these delays on victims, accused persons, and overall social stability. By analyzing institutional weaknesses and systemic gaps, the paper identifies practical reforms aimed at improving efficiency, transparency, and accountability within the criminal justice framework. Strengthening investigative standards, enhancing prosecutorial training, expanding forensic infrastructure, and implementing judicial reforms are recommended to ensure timely justice and restore confidence in Pakistan’s legal system

Approver Evidence and Criminal Conspiracy an Analytical Study under Pakistani Law

2026-02-28T08:00:09+03:00

This study critically examines the concept of approver evidence and its role in proving criminal conspiracy under Pakistani law. An approver, being an accomplice who turns state witness, occupies a controversial yet significant position within the criminal justice system. The research analyzes the legal framework governing approvers under the Code of Criminal Procedure and the Qanun-e-Shahadat Order, highlighting the procedural requirements for tender of pardon and the evidentiary value of accomplice testimony. It further evaluates judicial principles developed by Pakistani courts regarding corroboration, reliability, and safeguards against misuse. Particular attention is given to conspiracy cases, where direct evidence is often scarce and reliance on insider testimony becomes crucial. The study argues that while approver evidence can effectively uncover complex criminal networks, strict judicial scrutiny and corroboration are essential to prevent false implication and ensure fair trial guarantees. The paper concludes with recommendations to strengthen procedural safeguards and enhance the credibility of such testimony.