Constitutional Courts in Hybrid Regimes: Lessons from Türkiye for Pakistan’s Federal Constitutional Court

Abstract

The formation of the Federal Constitutional Court of Pakistan through the 27^th Constitutional Amendment begs some important questions concerning the role of specialized constitutional courts in hybrid political regimes. This article uses a comparative institutional approach by analyzing Türkiye and Pakistan, to assess the effect of constitutional court design on judicial autonomy. It claims that specialized constitutional courts do not necessarily enhance constitutionalism; but their autonomy is subject to their structures of appointment, jurisdictional transparency, and the political motives that surround them. Based on the constitutional experience in Turkey, the study concludes that institutional design can both facilitate constitutional adjudication and limit judicial independence at the same time. This article has added to comparative constitutional law by creating normative approach to evaluating constitutional courts in transitional and hybrid constitutional orders.