Rule Of Law: How we can ensure it? Contents · Introduction · Rule of Law: A Theory · Rule of Law Problems: The Case of Pakistan · Solution of The Problem · Conclusion

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Rule Of Law: How we can ensure it? Contents · Introduction · Rule of Law: A Theory · Rule of Law Problems: The Case of Pakistan · Solution of The Problem · Conclusion

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    1 Rule Of Law: How we can ensure it? Contents    Introduction    Rule of Law: A Theory    Rule of Law Problems: The Case of Pakistan    Solution of The Problem    Conclusion    2 Introduction: The rule of law, is an established principle in which governmental decisions are made by applying known legal ideas. The rule of law is rule not by one person, as in an absolute monarchy, but by laws, as in a democratic rule; no one person can rule and even top governmental officials are under and ruled by the law. It i s defined as: “Absolute  predominance or supremacy of ordinary law of the land over all citizens, no matter how powerful. Legal duties, and liability to punishment, of all citizens, is determined by the ordinary (regular) law and not by any arbitrary official fiat, government decree, or wide discretionary-powers. Rule of Law: A Theory In earlier times and in a few countries now, certain classes and individuals possess special privileges and were judged by special law. The modern view is to apply the same law over all persons in the state and to give all persons equal rights for the protection of their human liberties. Democracy can remain only in a society of equals. British jurist A.V.Dicey gave the idea of “rule of law” in 1885.He emphasized three aspects of the rule of law: i.   No one can be punished or made to suffer except for a breach of law proved in an ordinary court. ii.   No one is above the law and everyone is equal before the law regardless of social, economic, or political status. iii.   The rule of law includes the results of judicial decisions determining the rights of persons.    3 It means, the absolute supremacy of regular law as opposed to the influence of arbitrary power, and excludes its existence, or even of wide discretionary authority on the part of government. It means equality before the law, of the land administered by the ordinary law courts; the „rule of law‟  excludes the idea of any exemption of officials or others from the duty of obedience to the law which governs the citizens from any further coherence. The „rule of law‟, may be used as a formula for expressing the fact that with us the law of the constitution, which the principles of the private law have with us been by the action of the courts and the Parliament so extended as to determine the higher position and of its servants; thus the constitution is the result of the ordinary law of the land. Rule of Law Problems: The Case of Pakistan Pakistan is a war zone facing difficulties from militants and terrorists besides a number of other problems that urgently demand the establishment of democratic structures as well as rule of law . The current situation in FATA, where the Pakistan army tried to root out militants, was the main focus of discussions. The crisis in the tribal areas is not only a military conflict but a conflict of governance. Consequently, FATA needs to be mainstreamed into the provincial and also national assembly and the laws must be extended to this area. Furthermore, rule of law is closely connected to the fight against extremism and militancy. The missing persons case of Balochistan is also against the rule of law of the country. Around 95 missing peoples‟ applications have been registered so far. Status-quo of Balochistan is getting adverse day by day. They are asking for a region in which they can live without any interference of Pakistan army or the government.    4 But, the main point is that only 5 districts out of 20, are asking for a separate Balochistan. The issue is getting flames also because of the reason that there is gradual development in this province if compared with Punjab, Khaiber Pakhtunkhwa and, Sindh. The people are not getting enough rights which are known as „Basic Rights‟. Some tribes does not want the lower or lower middle class to flourish. Tehreek e Taliban Pakistan, which is promoting terrorism and bloodshed in the Hazara district, is working totally against the norms of rule of law. The genocide of Hazara is a slap on the face of government which could not stop killing of hundreds of innocent people. Then, there are unfortunate people of Parachinar, who have done nothing wrong but, are being brutally murdered. The suicide attacks on Data Darbar and gatherings on 10 th  of muharram in Karachi prove nothing but sectarianism. We are on „War on Terror‟ since 2001 but thousands of people found themselves lying helpless, taking thier last breaths on the grounds of Waziristan, D.I.Khan, Miranshah and Torkham border. The discussion of killing the governor of Punjab Salman Taseer has started bringing to our notice some realities of Pakistani society that we actually should be aware of but which we mostly like to ignore, because strength of character has lost its place in our society. This society is very conservative and very religious, but the meaning of Islam is being interpreted in a totally wrong way. Everyone is equal before the law. The blasphemy law of Pakistan does provide for death penalty for a blasphemer, but the death sentence has to come from a court and be executed by the government not by the people. If someone is guilty in reality so there is no point of taking the law in one‟s own hands. It is against the law.      5 Of the 245 countries on earth there are 202 soveirgn states, from within these, the “Supreme Court Of Pakistan is the only court in the world to have given cover to military rulers under its novel law of necessity theory.”   Then, the cases like “Mughees and Muneeb” are the proof of mishandling rule of law. The Lyari killings and the incident of Lal Masjid(Mosque) in Islamabad are the proof that now people now longer do n‟t want to admit the rules and regulations but to distort them in the way which can be fruitful for their means. The Prime Minister Mr. Yousaf Raza Gillani did not go to the court in-time and disrespected it. It is not acceptable that anyone even on higher authority does like this. Howerver, he did go to the court in the end. We have to do something to make “Rule Of Law in Pakistan” implemented on each and every single person residing in this area. Solution Of The Problem: The rule of law is a broad term which covers many issues. But something should be done to make it more effective. The law must be accessible and so far as intelligible, clear and predictable. One basic problem that Pakistan faces that it has a very low level of literacy among its population. Laws of the land should be applied equally to all, to the extent that objective differences justify differentiation. One of Pakistan‟s most fundamental problems is that there is no obvious „law of the land.‟ The law from the state is only one source of law and is relatively weak outside the main cities. Elsewhere, particularly in the rural areas, [1]religious law or tribal law have greater force. Due to the high level of corruption, it does not apply equally to all. Law must afford adequate
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