Constitutional Paradigm of Societal Reconstruction and Rule of Law in Pakistan

Abstract

This theoretical debate argues that utility of any legal system depends upon its social legitimacy; especially the deterrence of criminal laws aligns with popular Will. The absence of popular Will can overrule the stringent precepts by making the entire criminal justice system vulnerable to criticism. It further argues that viability of institutional justice and fair trial is a catalyst even for an extremely punitive law, as both of these values are crucial to protect core human values. Thus owing to rational choice theory of utilitarianism, citizens obey the law to protect common good until it transgress the bare minimum of their natural rights. It also indicates that constitutional focus on development and good governance at grass root level has a probability to neutralise socio-political polarisation in Pakistan. For this purpose, institutional justice under the core parameters of Rawlsian equality and equity is preferred to achieve egalitarianism. In this jurisprudential context, collaboration between legislature, executive, and judiciary is required to accomplish the preamble and Objectives Resolution of the Constitution of Pakistan, 1973.