When Constitutions Exist but Constitutionalism Fails: A Constitutional History of Pakistan from 1947 to Present

Abstract

Pakistan’s constitutional history contains a paradox. Since gaining independence, the country has implemented three written constitutions as well as numerous constitutional amendments intended to establish and enhance democracy and enforce the use of state powers.  Despite the constitutional developments, Pakistan continues to collide with a military coup dislocation of power, political disruption and constitutional crisis. This article examines the constitutional realms of Pakistan from 1947 till the present by distinguishing between existence and practice. In this context, distinction envisaged new laws, principles, and precedents. Pakistan’s constitutional problems faced are not because constitutions were not present, but because the political institutions and state actors have constantly violated the constitutional principles. This research applies doctrinal and historical legal research methods on constitutional documents, constitutional amendments, landmark court judgments and major political developments to evaluate the relationship between constitutional text and constitutional practice. Pakistan, this article finds, suffers from weak constitutionalism due to military interference; executive dominance; weak parliamentary traditions; judicial legitimisation of unconstitutional actions; and an underdeveloped constitutional culture. For the stability of constitution to last forever security of constitutional supremacy, independence of judiciary, accountability of executive to the democratically elected parliament and rule of law must be observed by all institutions of the state.