Constitutionalism and the Rule of Law: A Thematic Analysis of Principles and Challenges for Effective Governance in Pakistan

Authors

  • Muhammad Zain Ali MPhil Scholar, Department of Pakistan Studies, National University of Modern Languages, (NUML) Islamabad, Pakistan.
  • Muhammad Shahbaz Department of Peace and Conflict Studies, National Defence University, Islamabad, Pakistan.
  • Minahil Zahid Department of Peace and Conflict Studies, National Defence University, Islamabad, Pakistan.

Keywords:

Constitutionalism, Rule of Law and Effective Governance

Abstract

This research seeks to establish the impact of constitutionalism and the rule of law on good governance in Pakistan. Constitutionalism ensures the primacy of the Constitution and organizes the constitutional and institutional order; individual rights are protected through constitutionalism, while the rule of law provides legal order, responsibility, and fairness. In Pakistan, governance is eroded due to constitutional violation practices, including movements of military coups, judicial support, and systematic corruption. Because of these, people lose confidence in their leaders and institutions, and development becomes unsustainable. Pakistan has a constitutional foundation in the 1973 Constitution, but its usage is bounded by problems such as inefficient judiciary, police corruption, and political influence. The study also illustrates the coherence between constitutionalism, the rule of law, and governance. Taken together, it underlines the importance of the independence of the judiciary, the lack of opacity of the process, and the enhancement of accountability institutions. Purely political solutions include decentralization through the 18th Amendment, anti-corruption measures, and e-governance promises, but all these can only work with an institutional backup. Suggestions include avoiding political interference in the administration, improving public understanding of their roles, increasing resource allocation for everyone, and eradicating military encroachment in the civil service. The paper assumes that only with the usage of constitutionalism and the rule of law the governance practices would effectively provide accountability and a judicial system and pave the way for sustainable development in Pakistan, giving it an adequate governance system that could effectively respond to the needs of its citizens.

Published

2023-12-26

Issue

Section

Articles

How to Cite

Ali, M. Z., Shahbaz, M., & Zahid, M. . (2023). Constitutionalism and the Rule of Law: A Thematic Analysis of Principles and Challenges for Effective Governance in Pakistan. Dialogues in Humanities and Social Sciences, 1(2), 7-17. https://dialogueshss.com/index.php/dhss/article/view/11