Op-ed: Why Pakistan needs a constitutional court

Given the timing of the proposed constitutional amendment and our traditional rhetorical approach to constitutional discourse, it is certainly easy to look past the legitimate benefits of establishing a Constitutional Court. Nonetheless, such an institution will invariably resolve underlying issues in the current hierarchy of judicial institutions in Pakistan. In no way would the formation of a Constitutional Court destroy the judiciary as a pillar of the state – as is being claimed by its critics. In fact, it will strengthen its standing – as has been done across multiple jurisdictions in the rest of the world. Constitutional interpretation, the function of the Constitutional Court, has always been a means to strengthen the judiciary by keeping a check on the excessiveness of the legislature and the executive. [ . . . ] No pillar of the state is above the constitution, and the three pillars, within their respective domain, must be subservient to the will of the people expressed through the scheme of the constitution. If the establishment of a Constitutional Court is what is needed at this point to iron out the wrinkles in the operations of our judiciary, then this must be done in the interest of rule of law, constitutional supremacy, and the people of Pakistan. It is, ultimately, the common citizen who benefits from the constitution being held and public bodies being kept within their limits – since that is the headlining function, or purpose, of a Constitutional Court.
Read the full article here: The News