Outline
Introduction to Constitution of Pakistan
Definition of Constitution
Scope of Constitutional Law
Significance of the Constitution in Pakistan
Historical Background of Pakistan’s Constitution
Introduction to Constitution of Pakistan
The Constitution of Pakistan stands as the highest law of the land, outlining the way the country is to be
governed. It defines the structure of government, distributes powers among institutions, and lays out the
rights and responsibilities of citizens. This legal framework affirms Pakistan’s identity as an independent
and sovereign nation grounded in democratic ideals and Islamic values. Since its inception in 1947, the
constitution has upheld the rule of law, peace, and justice. The current constitution, enacted in 1973,
continues to shape Pakistan’s political and legal landscape.
Definition of Constitution
Dicey’s View:
A.V. Dicey, a well-known British scholar of constitutional law, described a constitution as
“The body of laws which directly or indirectly determine the powers of government.”
He highlighted that both formal laws and established practices (conventions) govern how the
state operates.
Prof. K.C. Wheare’s Perspective:
According to Professor Wheare,
“The constitution of a country is the system of fundamental rules by which the government
of that country is established and carried on.”
He stressed the importance of these foundational rules in shaping political authority.
Lawrence Friedman’s Definition:
, Lawrence Friedman defined a constitution as
“A set of fundamental rules which establishes the structure of government and the
relationship of the government to those governed.”
His emphasis was on both how governments are formed and how they interact with the people.
M.V. Pylee’s Explanation:
Indian constitutional expert M.V. Pylee saw the constitution as
“A document or collection of documents that contain the fundamental laws and principles
according to which a state is governed.”
He pointed out that a constitution is a written record of a country’s core legal principles.
Scope of Constitutional Law
Constitutional law is a comprehensive field that lays down the foundational principles for how a country
is run. It encompasses critical areas that define the powers, duties, and limitations of state institutions
while safeguarding the rights of individuals. Its scope includes:
1. Structure of the State
It outlines the form of the government—whether federal, unitary, or a confederation—and sets up
the three branches: executive, legislative, and judiciary. It also explains how authority is divided
between the central and provincial governments, particularly in federal systems like Pakistan and
the USA.
2. Distribution and Limitation of Powers
This area defines how powers are shared among different state organs and levels of government.
It places checks on governmental power to avoid misuse and ensure the protection of democratic
principles.
3. Fundamental Rights and Duties
One of the core responsibilities of constitutional law is to protect citizens' basic rights, such as
freedom of speech, religion, and equality before the law. It also defines the duties of citizens,
encouraging active and responsible participation in society.
4. Judicial Review and Interpretation
Introduction to Constitution of Pakistan
Definition of Constitution
Scope of Constitutional Law
Significance of the Constitution in Pakistan
Historical Background of Pakistan’s Constitution
Introduction to Constitution of Pakistan
The Constitution of Pakistan stands as the highest law of the land, outlining the way the country is to be
governed. It defines the structure of government, distributes powers among institutions, and lays out the
rights and responsibilities of citizens. This legal framework affirms Pakistan’s identity as an independent
and sovereign nation grounded in democratic ideals and Islamic values. Since its inception in 1947, the
constitution has upheld the rule of law, peace, and justice. The current constitution, enacted in 1973,
continues to shape Pakistan’s political and legal landscape.
Definition of Constitution
Dicey’s View:
A.V. Dicey, a well-known British scholar of constitutional law, described a constitution as
“The body of laws which directly or indirectly determine the powers of government.”
He highlighted that both formal laws and established practices (conventions) govern how the
state operates.
Prof. K.C. Wheare’s Perspective:
According to Professor Wheare,
“The constitution of a country is the system of fundamental rules by which the government
of that country is established and carried on.”
He stressed the importance of these foundational rules in shaping political authority.
Lawrence Friedman’s Definition:
, Lawrence Friedman defined a constitution as
“A set of fundamental rules which establishes the structure of government and the
relationship of the government to those governed.”
His emphasis was on both how governments are formed and how they interact with the people.
M.V. Pylee’s Explanation:
Indian constitutional expert M.V. Pylee saw the constitution as
“A document or collection of documents that contain the fundamental laws and principles
according to which a state is governed.”
He pointed out that a constitution is a written record of a country’s core legal principles.
Scope of Constitutional Law
Constitutional law is a comprehensive field that lays down the foundational principles for how a country
is run. It encompasses critical areas that define the powers, duties, and limitations of state institutions
while safeguarding the rights of individuals. Its scope includes:
1. Structure of the State
It outlines the form of the government—whether federal, unitary, or a confederation—and sets up
the three branches: executive, legislative, and judiciary. It also explains how authority is divided
between the central and provincial governments, particularly in federal systems like Pakistan and
the USA.
2. Distribution and Limitation of Powers
This area defines how powers are shared among different state organs and levels of government.
It places checks on governmental power to avoid misuse and ensure the protection of democratic
principles.
3. Fundamental Rights and Duties
One of the core responsibilities of constitutional law is to protect citizens' basic rights, such as
freedom of speech, religion, and equality before the law. It also defines the duties of citizens,
encouraging active and responsible participation in society.
4. Judicial Review and Interpretation
