The rule of law…Aizaz Ahmad Chaudhry
LIFE in developed countries pivots around the rule of law. Every citizen is subjected to the same laws, and no one is above the law. However, despite full consensus on the validity of the rule of law, there are always implementation gaps.
Take the US, whose founding fathers stressed on equality of all men, freedom and liberty, human rights and the rule of law. Even so, slavery and racial discrimination continued in the US for a long time. American society struggled for two centuries to fill the gap between theory and practice of the rule of law, including a civil war in the 1860s and a civil rights movement led by Martin Luther King in the 1960s.
Europes case is no different. Centuries ago, voices were raised questioning the divine rights of kings. The 17th-century political theorist John Locke argued that every person has natural rights to life, liberty and property. For its time, this was a revolutionary idea; ever since, many European thinkers have contributed to liberalism and enlightenment with strong support for the rule of law. Europeans from various walks of life struggled hard against tyranny and discrimination for centuries before they succeeded in establishing the European Union, which holds together diverse societies through adherence to universal human rights and the rule of law.
Another example is that of China, which has attained rapid economic progress, thanks mainly to meritocracy and strict enforcement of the laws through a complex web of local peoples congresses overseen by the Communist Party.
Our leaders should give up overt displays of entitlement.
In sharp contrast, a disturbing international trend worth recognising is that unilateralism is on the rise and multilateralism on the retreat. When big powers violated international law with impunity, such as the US invasion of Iraq in 2003 and the Russian invasion of Crimea in 2014, international law was undermined. This trend is proving deleterious for the rule of law both at the international and national levels.
India, which started its independent life as a pluralistic, secular and democratic country, has changed gears, with Modis administration seeking to create a Hindu state that has constricting space for minorities. Non-Hindu citizens are likely to resist this blatant discrimination on the basis of religion, which in turn could lead to significant commotion in Indian society.
When we look at Pakistan, it also suffers from large gaps in theory and practice of the rule of law. Fortunately, the theory itself is sound. Islam, the majority faith in Pakistan, enjoins harmony. The life of the Prophet (PBUH) illustrated the values of peaceful coexistence of faith-based communities and tolerance. The Constitution also grants the right of freedom of religion to every Pakistani citizen under Articles 20 and 36. Jinnahs speech on Aug 11, 1947, made it clear that every citizen of Pakistan, whether Muslim, Hindu or Christian, would be free to go to their places of worship.
Yet, we see elements within our own society that consistently challenge the rule of law. Sadly, sometimes they even take false pride in breaking the law. From self-serving feudal lords to corrupt public office holders to religious extremists, some segments of Pakistani society have developed a flawed sense of entitlement over and above the law of the land. If Pakistan is to become a developed state, governed by the rule of law, all citizens must be treated as equal before the law, regardless of ethnicity, faith, race or cultural disposition. Our leaders should act as role models by giving up overt displays of entitlement around public offices.
Our governance model should embrace a genuine separation of powers between branches of the government (legislative, executive and judicial) for effective checks and balances. The French political philosopher Montesquieu had postulated in the 18th century that uniting these powers could lead to authoritarianism, as amply witnessed by Pakistan in its short history.
We also need an independent judiciary that can withstand the political winds and restore peoples confidence in the rule of law; and an education system that teaches children at an early stage about their civic rights and responsibilities as equal citizens of Pakistan.
One caveat to all that is said above is that the law itself must be clear, universal in application, consistent across equivalent cases, easily knowable to the people, formulated after consultations and due diligence, and without retroactive effects. Applying law inconsistently and using it to harass political opponents undermines public faith in the rule of law. As Montesquieu said, there is no greater tyranny than that which is perpetuated under the shield of the law and in the name of justice.
Courtesy Dawn