IslamicLawBlog

The 18th Hole: Pakistan's Futile Constitutional Amendment The Pakistan People's Party (PPP) will soon propose to the Parliament the 18th amendment to the 1973 Constitution. The proposed amendment would reportedly abolish Article 58 (2)(b) of the Constitution, which empowers the President, in his sole discretion, to dissolve the National Assembly. The amendment would also strengthen Article 6 of the Constitution to punish judges who would in future support military coups and constitutional subversions. This essay argues that the proposed 18th amendment is an exercise in futility. Unfortunately, no constitutional amendment will prevent future military adventurism unless the political and military leadership is committed to honor the Constitution. As discussed below, however, the culture of the ruling elites has no respect for the rule of law. Read More

The Establishment is a quasi-pejorative label to describe the combined forces of Pakistan Army generals, intelligence chiefs, and top bureaucrats. In reality, the Establishment is a group of powerful government officials who pool their resources to checkmate policies and persons that cross their path or wish to weaken their grip on power. Founded on vertical hierarchy, the Establishment effectively demands that human resources in the armed forces, intelligence agencies, and bureaucracy take an oath "to discharge their duties, and perform their functions, to the best of their ability, faithfully and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Establishment." Read more