If we look at how the purpose of constitution is
stated in the reading, we find a lot more importance to the rule of law as
compared to what we have seen and experienced in our country. The purposes; empowering
states, establishing goals and values, providing government stability,
protecting freedom and legitimizing regimes, these are all defined in the
written constitution that our state holds but none of them is practically observed
to its fullest.
Constitution defines the power and function of all the political institutions, but there will be hardly any institution in Pakistan which operates under those set rules. The problem is not in the constitution, it has fulfilled its task by defining the laws for the individuals and state (not that our constitution is the perfect one, but that is another long debater). Rather, the problem is in the implementation of those laws which is in the hands of the judiciary. Even after declaring judiciary as an independent entity unbounded by any political influence, there still seems to be no prominent improvement in the execution of law.
To me, such a debate between different theories and nature of law is irrelevant in a state like ours where people are deprived of their basic human rights, where hungry and homeless kids are roaming the streets, where one man is killing another amongst a crowd of helpless people, and nothing is done to stop this and no steps taken towards its betterment.
1 comment:
Even though I agree with some of the points you have made to a certain extent, the constitution of Pakistan has in no way fulfilled it's task of defining laws, it has failed to cover all the aspects that a constitution is required to cater to. This can be seen by the fact that it has had 21 amendments in a mere 42 years since its implementation.
Secondly, I don't think the judiciary is at fault, since whenever they have tried to raise their voice, they have been oppressed. For example, several highly respected judges were stripped of their positions after their refusal to take the oath under the Provisional Constitutional Order promulgated by General Zia. Therefore, I think your view is somewhat biased.
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