Experimenting with the constitution

Pakistan continues to make experiments with its constitution as it fails to find an equilibrium in its constitutional system where de facto and de jure power can be accommodated without losing its republican and democratic status.

Courts in Pakistan while trying to save the constitution and its basic features from further erosion now find themselves helpless as parliament exercising its amending power has made roads into the judicial power by bifurcating it and then controlling its exercise. In this situation there is little room for arguments in favour of protecting and saving the substance of democracy, constitutionalism and rule of law as form has taken over substance.

Even the best constitution may fail to prevent authoritarianism. Germany between the two world wars became a fascist state, despite Hitler having come to power through democratic means. In recent times, populism has once again entered politics, swaying people to vote for leaders or parties that may erode democratic institutions and lead to authoritarian rule. Social media, mass media and algorithm-driven echo chambers can easily manipulate public opinion.

The fundamental safeguard, however, lies in strong checks and balances, where power is exercised as a sacred trust and duty, supported by a culture of free debate and deliberation. Democracy can survive if these principles are upheld. Constitutional documents must be treated as inviolable, and the will of the people must remain their soul.

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