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Rule of Law
CONTRIBUTED ARTICLE

Rule of law means the rule of law and law alone. All arbitrary decisions are prone to quash the rule of law.
An authoritarian order manifest the rule of power instead of the rule of law. Rule of law entails equality of
all the citizens irrespective of sex, caste, creed or color and ensures justice to all and sundry. If basic
human rights of any individual cannot be asserted in a court, there is no rule of law. No civilized society
can exist in absence of a regular system of justice and therefore independent judiciary consisting of highly
merited and conscientious judges is essential to do justice between different individuals, and especiall
between society and the state. Similarly there must be a fearless Bar to courageously uphold the cause of
the people.

Apart form any government, there must be rule of elected representatives who must be chosen by the
people, and not having been selected or foisted on people by a dictator or his agents through process of
controlled democracy or engineered elections. The rule of law implies that government authority may only
be exercised in accordance with written laws, which are adopted through an established procedure. The
principle is intended to be a safeguard against arbitrary rulings in individual cases. The rule of law is
fundamental to the any kind of democratic order whether it is parliamentary or presidential form of
government.

Rule of law is an ancient ideal of Western Culture first posited by Plato more than 2,500 years ago as a
system of rules inherent in the natural order. Aristotle said: The rule of law is better than that of any
individual. Another quote from Aristotle’s The Politics that ‘when laws do not rule, there is no constitution’
fits most aptly to Pakistan’s political catastrophe and constitutional dilemma. The simple fact is that
precise functioning of the Constitution guards freedoms and liberties of the citizens. It creates a feeling of
self-respect and inculcates love for the country and its belongings. On the converse its suspension,
interruption or postponement undermines patriotism of the citizens and above all degrades the pride and
dignity of the country. The rule of law in its modern sense owes a great deal to the late Professor AV
Dicey whose writings are of enduring significance. He pinpoints the essential characteristics of the rule of
law as below:
 The supremacy of law, which means that all persons (individuals and government) are subject to
law.
A concept of justice which emphasizes interpersonal adjudication, law based on standards and the
importance of procedures.
Restrictions on the exercise of discretionary power.
The doctrine of judicial precedent.
The common law methodology.
Ensuring legislation as prospective and not retrospective.
An independent judiciary.
The exercise by Parliament of the legislative power and restrictions on exercise of legislative power
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by the executive.
Advent of Islam in the Sub-
An underlying moral basis for all law. Continent

The rule of law is a cornerstone of well-functioning democracy while if it is blatantly violated, the
establishment of a democratic structure in the country is jeopardized. Though our country at the outset of The Future of Democracy in
Pakistan
its creation was lodged with problems including that of a 1,000-mile of hostile territory between its two
wings and a hostile neighbor hovering at both boundaries, had we observed the rule of law, we could
have retained our eastern wing and avoided fall of Dacca. It was the absence of the rule of law that
Global Warming: Danger To
fractured our political, economic and social system. It is tragic that even after 55 years of its existence the Pakistan Agriculture
State is looking for ‘sustainable democracy’. The rule of law ensures stability, discipline and order in the
society. But its absence and rampant corruption leading to erosion in social values are two main hurdles
to the betterment and development of our country.

It goes without saying that the rule of law is meaningless when the law itself has become flawed and does
not ensure the enjoyment of all rights to all, without discrimination. Unfortunately institutions, including the
judiciary, and the police are debilitated and made to subserve the executive. We have to evaluate where
things have gone wrong over the last decades and urgently need to promulgate constitutional, legal and
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institutional reforms which could guarantee that all people in Pakistan can enjoy the full range of human
Looking at last 10 years (2011-2021)
rights free from discrimination and fear.
which Pakistani Provincial
Government is the worst in its
The constitution of a country is a living and vibrant document that determines the future direction of the
performance?
nation, provided there is respect for the document that stands for Rule of Law. In a country where a single
person is authorized (by self-acclaimed decree or through an authority itself lacking competence under Punjab

the law) to amend the supreme law of the land, there can be neither democracy nor constitution. One Sindh
wonders what the Quaid-i-Azam who was all out for the rule of law for the whole of his life and fought to
KPK
achieve an independent country for the Muslims entirely in a constitutional manner would have felt and
Balochistan
said of todays Pakistan?
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