What set of rules do the both constitutions follow, their function,
effectiveness and rationale?
In Chapter 2, the constitutional history of Pakistan is divided into four phases and
tested against the key factors drawn in part from the US template. The results of
this test reveals whether the political systems it applied to were suitable systems
according to the hypothesis of constitutional suitability.
How do these rules influence the legal culture or law (if they do)?
This question is explored in Chapter 4, that is, whether Pakistan's legal culture is
influenced by any recognised and effective set of rules. There also appears to be
occurrence of problematic practices such as varied actions of the judiciary, military
rulers and politicians.
In the case of the USA, explored further in Chapter 5, there are rules that played
an important role in restructuring the country's political system, for example, by
moving from a unicameral to a bicameral legislature and from indirect election of
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the upper house to a direct one. Likewise, the separation of powers and checks and
balances that are one of the key factors are enshrined in the country's
constitution.
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Can the key factors now be understood better? Is there something in the
external law that can benefit or lead to improvement?
The key factors are explored in Chapter 4 through a philosophical and
jurisprudential lens, where their application, practical framework and
implementation are recognised. Conclusions are drawn in Chapter 6.
In the next chapter these key factors are thoroughly explored to lay the foundation
for the further investigation in subsequent chapters.
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The earlier government of the USA (1781 – 1787) was a unicameral body, Steven S. Smith, Jason
M. Roberts, Ryan J. Vander Wielen, The American Congress (4th edn, Cambridge University Press
2006). The unicameral congress was replaced with a bicameral congress in 1787, William E. Nelson,
'Constitutional History' 1966 Annual Survey of American Law 687. In the bicameral institution,
through the Connecticut Compromise, the Senate was to be directly elected.
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