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8 - Judging the state

Published online by Cambridge University Press:  06 January 2010

Paula R. Newberg
Affiliation:
Carnegie Endowment for International Peace, Washington DC
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Summary

The tyrannical ruler who is well-versed in power

builds about himself a fortress made up of edicts;

while falcon, sharp of claw and swift to seize,

he takes for his counsellor the silly sparrow

giving to tyranny its constitution and laws,

a sightless man giving collyrium to the blind.

What results from the laws and constitutions of kings?

Fat lords of the manor, peasants lean as spindles!

Muhammad Iqbal, “Divine Government” The Sphere of Mercury, Javid-Nama

The judiciary cannot fight the dictators. We require strong political institutions which are lacking in the country.

Justice Qazi Muhammad Jamil

In Pakistan's first decade, establishing good government meant refining received traditions: concepts of rights, representation and authority were reiterated in their untarnished, ideal forms for the new state. The exercise failed from its inception because its authors refused to understand that such concepts were meaningful only when applied consistent with the intended structure of power, and that a constitution autocratically conceived cannot be popularly legitimate or democratic. From its first decade, the country has therefore shouldered the burdens of constitutions unequal to the task of governing the Pakistani state. The 1950s Basic Principles committees comprehended the need to provide a principled grounding for the future constitution but did not accommodate its diverse sources and applications. The second Constituent Assembly shared these problems under the influence of the Governor General and the army, who were anxious to defuse challenges to their power.

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Judging the State
Courts and Constitutional Politics in Pakistan
, pp. 233 - 250
Publisher: Cambridge University Press
Print publication year: 1995

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  • Judging the state
  • Paula R. Newberg, Carnegie Endowment for International Peace, Washington DC
  • Book: Judging the State
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511563362.010
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  • Judging the state
  • Paula R. Newberg, Carnegie Endowment for International Peace, Washington DC
  • Book: Judging the State
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511563362.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Judging the state
  • Paula R. Newberg, Carnegie Endowment for International Peace, Washington DC
  • Book: Judging the State
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511563362.010
Available formats
×