Book
Judging the state.
| Title: | Judging the state. |
|---|---|
| Authors: | Newberg, Paula R. |
| Source: | Judging the State: Courts & Constitutional Politics in Pakistan; 1995, Vol. 1 Issue 2, p233-250, 18p |
| Abstract: | The tyrannical ruler who is well-versed in power builds about himself a fortress made up of edicts; while falcon, sharp of claw and swift to seize, he takes for his counsellor the silly sparrow giving to tyranny its constitution and laws, a sightless man giving collyrium to the blind. What results from the laws and constitutions of kings? Fat lords of the manor, peasants lean as spindles! The judiciary cannot fight the dictators. We require strong political institutions which are lacking in the country. In Pakistan's first decade, establishing good government meant refining received traditions: concepts of rights, representation and authority were reiterated in their untarnished, ideal forms for the new state. The exercise failed from its inception because its authors refused to understand that such concepts were meaningful only when applied consistent with the intended structure of power, and that a constitution autocratically conceived cannot be popularly legitimate or democratic. From its first decade, the country has therefore shouldered the burdens of constitutions unequal to the task of governing the Pakistani state. The 1950s Basic Principles committees comprehended the need to provide a principled grounding for the future constitution but did not accommodate its diverse sources and applications. The second Constituent Assembly shared these problems under the influence of the Governor General and the army, who were anxious to defuse challenges to their power. [ABSTRACT FROM AUTHOR] |
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| DOI: | 10.1017/CBO9780511563362.010 |
| Database: | Complementary Index |
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