This volume provides a contextual account of Pakistan's constitutional
laws and history. It aims to describe the formal structure of government
in reference to origins that are traced to the administrative
centralisation and legal innovations of colonial rule. It also situates
the tide of Muslim nationalism that gave rise to the nation of Pakistan
within a terrain of nascent constitutionalism and its associated
promises of representation.
The post-colonial history of the Pakistani state is charted by reference
to succeeding constitutions and the distribution of powers between the
major branches of government that they augured. Where conventional
histories often suggest that constitutionalism in Pakistan is to be
solely understood by reference to a cycle of abidance and rupture, and
in the oscillation between military and civilian rule, this volume also
accounts for the many points of continuity between regime types. The
contours of a broader constitutionalism come to light in the ways in
which state power is wielded at different periods and in the range of
contests - economic, political and cultural - through which some of this
power is sought to be dispersed. Chapters on Rights, Federalism and
Islam detail the contextual features of some of these contests and the
normative, legal parameters through which they are provisionally
settled.