Development of Constitutionalism in Pakistan: An Appraisal

Abstract

The phenomenon of constitutionalism serves as a safeguard against the arbitrary use of power and is necessary to ensure rule of law in society. Traditionally, there are two types of constitutionalism; legal and political. The former justifies judicial review as an important constitutional tool and acknowledges the unique role of the judiciary in enforcing rule of law in society. The latter questions the democratic legitimacy of judicial review and prefers democratic parliamentary procedures on political decisions. With the help of qualitative research methodology, this Article explores historical developments influencing the outlines of Pakistani constitutionalism. It highlights limitations and challenges in relation to constitutionalism in the formative period of the country. It also provides an insight into the colonial constitutional practices before the independence of Pakistan. After that, there is a discussion of the pivotal judgments that had a profound impact on constitutionalism in the country. The abrogation of the first Constitution and promulgation of a new Constitution under the military regime and the attitude of courts during this period also form part of this article.