105
The conservatism is represented first by an allegiance to the British legal system as
a post-colonial legacy Key local legal instruments i.e., Civil Law,
410
Criminal Law
411
and Law of Evidence
412
are those drafted and enacted by the British rulers.
Second, there is an inherent reluctance to be open about the idea of adopting a
presidential form of government. It is assumed that any presidential system must
be that of General Khan (at 4.3.3). There are fears about despotism. Here too the
use of the USA as a comparator demonstrates that key factors of its system such
as separation of powers and checks and balances in the context of political system
are capable of addressing this concern. There are also fears of change, based on an
assumption that since the current constitution was reached by consensus, any
proposal for change would be strongly opposed.
The researcher’s approach, however, demonstrates that such fears can be
addressed. The country does not have to abrogate or subvert the constitution
entirely as a small number of constitutional amendments can address these issues.
As an experiment, therefore, this thesis provides an example of the use of a wider
and more creative perspective in constitutional reform, which can be adopted by
lawyers or politicians as an enduring part of their practice as reformers. This then
links with the final recommendations for policy and future research, designed to
further the contribution to practice represented by this thesis.
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