party having an absolute majority?
It was demonstrated in Chapter 4 that the political system does not address
questions of equality of representation. It was demonstrated that the problem of
disparity causes reliance on the doctrine of state necessity, because it risks
disintegration of the federation and such reliance causes the overthrow of
government and premature dissolution of government. Chapter 4 therefore
concludes that none of the political systems of Pakistan appropriately dealt with the
issue of representation in the second dimension. A connection can also be inferred
from the fact that, as noted in Chapter 4, on the first anomalous occasion in which
the disparity was removed, and the coalition reinforced checks and balances, it
resulted in Pakistan's first ever completion of a parliamentary term, which has,
fortunately for the stability of the country, been repeated in the 2018 elections.
4.
Is the state structure of Pakistan compatible with a Democratic Federal Political
System?
Having established that the problems in Pakistan can be traced to faults in the
constitutional arrangements, the fourth sub-question was answered in Chapter 5.
Here it was concluded that Pakistan’s political structure is not suitable for its
constitutional framework and it significantly fails the test of alignment with a
Democratic Federal Political System. It is, as described above, the researcher’s
hypothesis that a US presidential model might be better aligned. The researcher's
choice of comparator in the structural and functional comparative analysis in
Chapter 5 was the USA because of its similarity of state structure with Pakistan. To
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Except for the April 1993 act of president Ghulam Ishaq Khan, overturned by CJ Nasim Hassan
Shah where the judiciary did not rely on necessity, because the constitution already provided for the
power.
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ensure that the comparison was rigorous, the key factors, in particular that of the
operation of self-interest, were also applied to the US political system (at 5.4).
The points of comparison in Chapter 5 were narrowed down to two main topics;
state structures and government structure.
In terms of state structure, Chapter 5 concluded that the USA and Pakistan share
the same state structure in many respects such as their colonial history and
multiple federating units that opted to form a union. In terms of government
structure, Chapter 5 concluded that both the countries however adopted a very
different form of political systems. The political system adopted by the USA is
effective and suitable with its state structure, whereas Pakistan's present and past
political systems have clashed with its state structure, which in turn has put the
country in to a state of political instability.
Can a Democratic Federal Political System resolve the problem of premature
dissolution of government in Pakistan?
The answers to the subsidiary research questions have, therefore, demonstrated
that the answer to the overall research question for the thesis is that it is in the best
interests of Pakistan to adopt a Democratic Federal Political System as defined in
this thesis. It will counter, and may put an end to, the issue of necessity arising out
of disparity of representation which, in turn, leads to premature dissolution of
government. The political system Pakistan should adopt should, it is argued, be
based on that of the USA with the following adjustments:
• Preserving the religious provision to recognise a critical part of Pakistan’s
cultural identity and so as to ease adoption of a new constitution.
• Providing for popular election for the head of government/state.
Under such a Democratic Federal Political System, if introduced in Pakistan, there
would be no need for a constitutional mechanism to dissolve parliament before its
expiry, at the same time, the issues of disparity would be resolved and thus prevent
claims in the courts based on the doctrine of necessity from arising.
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