LAW --- THE
CONSTITUTION OF PAKISTAN
Autumn Quarter, 2006
Course Description: Constitutions have come to be regarded as the collective
consensus and ultimate reference point of a nation’s aspirations and ideals.
They are looked upon as the primary custodians of individual and collective
rights and the supreme arbiters in disputes between the organs of a State. They
are the mirror to the ideological hopes of the past, the litmus test for the
actuality of the present and the looking glass for the future. The alchemy of
their creation and interpretation is suffused with politics, and the politics
of a nation are greatly influenced by its constitutional disputes. This course
attempts to provide a comprehensive introductory coverage of the Constitution
of Pakistan, 1973 through a detailed analysis of the landmark cases that
elaborate, discuss and clarify the ethos, ambit and significance of the most
important constitutional provisions. We will look at length at not just the jurisprudence
of the judgments but also the unique social and political environment, which
contextualizes them and furthermore the policy imperatives, conflicts and
compromises that formulated them and contributed to their evolution.
Goals and Structure of the Course: This course will introduce students to the
philosophy, structure and substance of the Pakistani Constitution. It has been
divided into the following modules.
Module 1 looks at the constitutional developments that
led to the adoption of the 1973 Constitution, benchmarking it briefly against
the evolution and growth of the US Constitution. At the same time it will also
introduce students to the principles of constitutional interpretation, which
are very important to understand and analyze constitutional texts and
jurisprudence. Furthermore, we will also analyze three important constitutional
doctrines, namely: (i) doctrine of separation of powers; (ii) doctrine of political
question; and (c) doctrine of basic structure, and their applicability in the Pakistani
constitutional context.
Module 2 looks at the conflict between the power of the
state (or another way of looking at it as by calling it the role and
responsibility of the state) and individual and group rights and how the
Constitution attempts to balance state policy imperatives with individual
aspirations and goals. This will allow us to look in detail at the nature,
ambit and variety of Fundamental Rights and the Principles of State Policy enshrined
in the Constitution. This module also looks at the mechanisms provided by the
Constitution to invoke and protect Fundamental Rights.
Module 3 looks in detail at the structure of the State
as provided by the Constitution and the extent as well as the limits of the
powers of the executive, the legislature and the judiciary. It also explores
the nature and structure of the notion of Federation as it exists in Pakistan
At the end of this course, we will be in a position to ask
important questions as to what direction our constitutional framework should
take in view of what we have covered in class. Apart from the students of Law
and Policy at LUMS, this course will be of special interest and value to those
students who may want to pursue further studies in the areas of history,
political science, political economy and development economics. It is equally
meaningful for anyone endeavouring to develop a better understanding of the
constitutional framework of the country we live in, as it has a direct bearing
on every citizen’s life.
Required texts: (The relevant parts from all these texts will be made
available to students in the form of a course package before the start of the
course).
- Brohi, A.K. Fundamental Law of
- Rahim, J.A. Outline of a Federal Constitution for
- Sheikh, Zain. The Constitution of the
Islamic
- Tribe, Lawrence. H. American Constitutional Law (Third Edition).
- Photocopied complete texts or excerpts (as applicable) of the (italicised) legal cases and materials.
Prerequisites for this course: None.Lectures:
This is a 4-unit course. There will be 20 sessions of 100 minutes each. Classes
will meet on Tuesdays and Thursdays from 2.00 p.m. to 3.40 p.m.
Grading Class Participation: 20% Panel Presentations: 15% Quizzes: 20% Final Exam: 45%
The purpose of
having class participation and panel presentations is to invite different
perspectives to what is intrinsically a highly contentious and debated field of
study. I am a great believer in class discussion as it enriches the discourse
and helps develop confidence to put one’s view across. Speaking one’s mind can
also help clarify one’s thought process. The way the panel presentations will
work is that small group "panels" of students will be assigned by myself
to be responsible - in particular - for a given class session’s material.
During this session, this panel can make a brief formal or informal
presentation about the main themes and issues which merit attention and I may
then ask individual members of the panel various questions about the material
assigned for that day, and how it relates to broader themes discussed in the
course. More details of how this panel system will operate will be distributed
to students early in the course. Both the written exams will be open book/open
notes as the purpose of the course is not to gauge memory but powers of
comprehension, analysis and communication.
Course Schedule:
As mentioned before, the course is divided into four
modules for thematic clarity. The topics and required readings for each session
are listed below. (For Non – Law &
Policy Students): Please note that these readings will include excerpts
from cases and hence students will require some time to get used to basic legal
terminology and the legal way of writing. However, every effort will be made to
ensure that legal jargon does not become an impediment to understanding the
core issues being debated. The relevant terminology will be explained in class
and the complex and at times lengthy judgments (of which the students will just
be required to read selected excerpts) will be extensively discussed and
explored in the lectures. The basic advice to students is to not get bogged
down by factual details or side issues but to capture the essence of the main issue
at hand and the arguments and counter-arguments pertaining to it.
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