The rule of law is an ancient ideal of Western culture, established 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 an individual. Another quote from Aristotle`s Politics that “if laws do not govern, there is no constitution” best fits Pakistan`s political catastrophe and constitutional dilemma. The simple fact is that the precise functioning of the Constitution protects the freedoms of citizens. It creates a sense of self-respect and transmits love for the land and its possessions. Conversely, their suspension, interruption or postponement undermines the patriotism of citizens and, above all, degrades the pride and dignity of the country. The rule of law in its modern sense owes much to the late Professor A.V. Dicey, whose writings are of enduring importance. It lists the essential characteristics of the rule of law as follows: Joseph Raz`s approach to the concept of the rule of law was to propose minimum standards for how laws are expressed and administered. Here, more emphasis has been placed on the need for rules and procedures to ensure that laws can be used to protect rights and not just to legitimize the exercise of powers. Joseph Raz`s version of the doctrine contained eight postulates (The Rule of Law and Its Virtues 1977). The weak application of the rule of law gives way to impunity for criminals and elite perpetrators.
But for the majority of Pakistanis, the law is a foreign word. Almost exclusively written in English, taught in English, with judgments in English. The law is a foreign language, so it is only accessible to a small part of the country. A small segment that interprets, shapes and stages it according to its own interests. Talk about constitutional rights makes no sense to the majority of people in this country because they have never known those rights in their lives. Another very important requirement of the rule of law is respect for the kind of fundamental human freedoms contained in the 1948 United Nations Universal Declaration of Human Rights. Fundamental human freedoms are well protected in our 1973 Constitution, i.e. Part II and Chapter 1. However, their implementation is highly dependent on the independence of the judiciary.
The weak application of the rule of law gives way to impunity for criminals and elite perpetrators. Therefore, the main task of the government is to establish the supremacy of the law by discouraging the legacy of the authoritarian way in which powerful elites deal with public institutions. Progress in implementing the rule of law cannot be quantified. However, the degree of institutional loyalty to the state and its constitution, court decisions, immediate exoneration of injured persons, control of detectable and unidentifiable crimes, conduct of urban and rural police, level of juvenile delinquency, treatment of public order and the nature of bureaucratic attitudes show the extent of the rule of law in our society. The cooperation of all actors, including political leaders, academics and researchers, the civilian and military bureaucracy, print and electronic media, social media, lawyers and members of civil society, can greatly improve the systematic implementation of laws. However, the rule of law can be established only by addressing the shortcomings of the criminal justice system and ensuring universal accountability without sparing the sacred cows. Another requirement of the rule of law is the existence of an independent judiciary. When people talk about an independent judiciary, they often refer to the higher judiciary, that is, the Supreme Court and the Supreme Court. But our analysis will also include the lower judicial system. I believe, and statistics and social experiences tell us as well, that there is no independent judiciary in Pakistan. In particular, the supreme courts in general and the lower judicial system are hostages to interest groups such as religious fanatics and political lawyers. Hooliganism, corruption and incompetence are prevalent in the lower judicial system.
A pre-conviction is common in our courts when it takes two to three weeks to decide bail issues. Montesquieu says that any punishment that does not arise from absolute necessity is tyrannical. Unfortunately, our courts have become instruments of tyranny rather than guardians of the rights of the weak against the powerful. We have to dismantle this regime, otherwise there is no chance of this country moving forward on any front. The only way to do this now is through a collective demand for change. Imran Khan still has three years in power. If he acts now, he can work to change that system. This change would be the greatest achievement of a politician in the history of this country. Instead of improving accountability, the law has in the past sought to facilitate numerous human rights violations through laws such as the Border Crimes Regulations 1901 (applicable in the former Fata) or the Actions (in favour of civil powers) Regulations 2011. The rule of law provides the means to maintain law and order, and it helps to create social control.
It reinforces people`s belief in the rule of law and provides everyone with the opportunity to have access to justice. In this way, it prevents the flagrant violation of laws and reduces people`s sense of deprivation in relation to injustice, which tends to destabilize peace and harmony in society. We face a major challenge: terrorism and religiously motivated acts of violence, militancy and extremism. Therefore, the state must establish the rule of law and show zero tolerance for hate speech disseminated by various media platforms in order to trap our young people via cyberspace, which has been used as a source for the spread of extremist ideas and religious intolerance. In some cases, detained activists continue to spread extremist hate messages behind bars. The government must take action against already banned organizations by preventing them from engaging in hate speech. Therefore, the communication network of these extremist groups and their “puppeteers” must be dismantled by freezing their financial transactions. In addition, activists must be treated in accordance with the provisions of the anti-terrorism law.
The International Commission of Jurists cites the existence of representative government as one of the prerequisites for the rule of law. Although this rule of law requirement is controversial, we can say, if we take it for granted, that Pakistan meets this rule of law requirement in the form of a National Assembly and provincial assemblies. However, the lack of delegation of authority to local governments is a cause for concern. Pakistani law is the law and legal system that exists in the Islamic Republic of Pakistan. Pakistani law is based on the legal system of British India; it is, ultimately, the common law of England and Wales.