1
Abstract
According to the researcher's hypothesis of constitutional suitability, only a suitable
political system works efficiently, a suitable political system for a democratic federal
state such as Pakistan is a Democratic Federal Political System, which comprises
key factors
such as equal representation, separation
of powers and a system of
checks and balances. These factors appear to be either missing or not appropriately
incorporated in Pakistan's past and present constitutional instruments. To test the
hypothesis, this document uses two methods of investigation.
The
first is a qualitative, interpretative evaluation of
the prevalence of absolute
power and self-interest in Pakistan's constitutional history by reference to historical
and statutory sources. This can be traced back to colonial times. Absolute power
has been carried forward either explicitly or implicitly in Pakistan’s constitutional
instruments to preserve self-interest that followed on from vice regal reigns, which
has resulted in seven episodes of state emergency. At times, some of the key factors
have been present in Pakistan, putting a temporary halt to premature dissolutions
of government. However, it is concluded that the practice is likely to continue until
a suitable political system is assumed.
The second is a structuralist and functionalist comparative law analysis of both the
state and political structures of the USA and Pakistan. The USA's political system
has great similarities to the researcher's model of a Democratic
Federal Political
System. This analysis shows that there appear to be several incompatibilities
between the political systems. Nevertheless, there is
a great deal of similarity
between the state structures of both countries. It is, therefore, concluded that the
initial hypothesis has been substantially borne out, and that it would be possible
for Pakistan to adopt a Democratic
Federal Political System,
although slight
variations from the US model will be required.