English for lawyers

B.A LLB

Assignment No : 02

Submitted To : SIR HANNAN MINHAS

Submitted By : YASIR ALI KHAN

ROLL NO : 811

SEMESTER : 3rd

SHIFT : MORNING

SECTION : D
 WHY LEGAL SYSTEM FAILED IN PAKISTAN?

Legal system:

The legal system refers to the set of rules and institutions that are established by a

government to maintain social order and administer justice within a society. It provides a

framework for resolving disputes, enforcing laws, and protecting the rights and freedoms of

individuals. there are several key components of the legal system.

Key Components of the Legal System:

 Legislation

 Judiciary

 Law Enforcement

 Legal Profession

 Legal Procedures

 Legal Principles

 Alternative Dispute Resolution

Legislation

Laws are created by legislative bodies such as parliaments or congresses. These laws

define rights, responsibilities, and prohibitions within society.

Judiciary

The judiciary is responsible for interpreting and applying the laws. It consists of
 courts and judges who impartially hear cases, make decisions, and administer justice.

The judiciary ensures that laws are properly enforced and that individuals receive fair

treatment under the law.

Law Enforcement

Law enforcement agencies, such as police departments, are responsible for

maintaining public order, preventing crime, and enforcing laws. They investigate

alleged crimes, make arrests when necessary, and gather evidence for the prosecution.

Legal Profession

Lawyers and legal professionals play a crucial role in the legal system. They provide

legal advice, represent individuals or organizations in court, and help ensure that legal

processes are followed correctly.

Legal Procedures

The legal system has specific procedures that govern how cases are handled. These

procedures include rules for filing lawsuits, presenting evidence, cross-examining

witnesses, and appealing decisions. The procedures are designed to ensure a fair and

orderly resolution of legal disputes.

Legal Principles

The legal system is guided by various principles, such as the presumption of

innocence, due process, equality before the law, and the right to a fair trial. These

principles are fundamental to the protection of individual rights and the administration

of justice.
Alternative Dispute Resolution

In addition to formal court proceedings, the legal system often provides alternative

methods of dispute resolution, such as mediation or arbitration. These processes offer

parties a chance to resolve their disputes outside of the traditional court system.

Legal systems can vary across countries and jurisdictions, influenced by historical, cultural,

and political factors. Common legal systems include civil law, common law, religious law,

and hybrid systems that combine elements from multiple legal traditions. The legal system is

essential for upholding the rule of law and ensuring a just and orderly society.

Legal System in Pakistan:

The legal system in Pakistan is based on the common law tradition, with influences from

Islamic law. There are some key features and components of the legal system in Pakistan:

 Constitution

 Judiciary

 Law codes

 Islamic law

 Legal profession

 Criminal Justice System

 Alternative Dispute Resolution

Constitution

The Constitution of Pakistan, adopted in 1973, serves as the supreme law of the
 country. It establishes the structure and powers of the government, fundamental rights

of citizens, and the framework for the legal system.

Judiciary

The judiciary in Pakistan is independent and consists of a hierarchical system of

courts. At the top is the Supreme Court, followed by High Courts at the provincial

level, and District Courts at the district level. The judiciary is responsible for

interpreting laws, resolving disputes, and safeguarding the rights of individuals.

Legal Codes

Pakistan has a comprehensive legal framework that includes various legal codes

governing different areas of law, such as criminal law, civil law, family law, and

commercial law. These codes define rights, obligations, and procedures to be

followed in legal matters.

Islamic Law

Pakistan is an Islamic republic, and Islamic law, known as Shariah, it is an important

source of legislation. Certain areas of law, such as family law, are governed by

Islamic principles. The Federal Shariat Court is specifically established to examine

the compatibility of laws with Islamic provisions.

Legal Profession

Lawyers play a significant role in the legal system of Pakistan. They provide legal

advice, represent clients in courts, and assist in legal proceedings. The Pakistan Bar
 Council is the apex regulatory body that oversees the legal profession in the country.

Criminal Justice System

The criminal justice system in Pakistan involves the investigation, prosecution, and

trial of criminal offenses. The police are responsible for maintaining law and order,

conducting investigations, and making arrests. Criminal cases are presented before the

courts, and the accused have the right to a fair trial.

Alternative Dispute Resolution

Alongside the formal court system, Pakistan also encourages alternative dispute

resolution methods such as mediation, arbitration, and reconciliation councils to

resolve disputes outside the traditional legal framework.

It's important to note that the legal system in Pakistan, like any legal system, is complex and

subject to ongoing developments and reforms. However, The legal system in Pakistan, like

any other legal system, can face various challenges and factors that contribute to its failure.

Causes of failure:

 Judicial delays

 Corruption

 Inadequate Infrastructure
  Weak Law Enforcement

 Inaccessible Justice

 Political Interference

 Outdated Laws

 Lack of legal awareness

Judicial Delays

One of the major issues in the Pakistani legal system is the excessive delays in the

disposal of cases. Backlogs and a slow judicial process result in a lack of timely

justice, undermining public confidence in the legal system.

Corruption

Corruption is a significant challenge that affects many sectors in Pakistan, including

the legal system. Instances of bribery, nepotism, and favoritism can undermine the

integrity of the judiciary, impede the fair administration of justice, and erode public

trust.

Inadequate Infrastructure

Insufficient infrastructure and resources contribute to the inefficiency of the legal

system. Inadequate court facilities, lack of modern technology, limited legal aid

services, and overcrowded prisons all hamper the effective functioning of the system.

Weak Law Enforcement

Weak law enforcement mechanisms, including a lack of trained personnel, can hinder

the proper implementation of legal judgments and lead to a culture of impunity. This
 undermines the deterrence effect of the legal system and creates an environment

where individuals are less likely to face consequences for their actions.

Inaccessible Justice

Many segments of the population in Pakistan, particularly those in rural areas and

marginalized communities, face challenges in accessing the justice system. Limited

legal awareness, high costs, language barriers, and geographical constraints restrict

the ability of individuals to seek justice, thus widening the justice gap.

Political Interference

Political influence can impact the independence of the judiciary and the legal system

as a whole. Interference from politicians, pressure to deliver certain outcomes, and

appointments based on political affiliation can compromise the fairness and

impartiality of legal proceedings.

Outdated Laws

Some laws and legal procedures in Pakistan are outdated and do not align with

contemporary societal needs and international standards. The lack of comprehensive

legal reforms can lead to inconsistencies, ambiguities, and legal loopholes, impeding

the efficient functioning of the legal system.

Lack of Legal Awareness

Limited legal awareness among the general population results in a lack of

understanding of legal rights, procedures, and remedies. This can lead to

 misconceptions, exploitation, and a failure to effectively utilize the legal system.

these causes of failure requires comprehensive reforms, including the allocation of adequate

resources, enhancing judicial efficiency, improving transparency and accountability,

promoting legal education and awareness, and reducing political interference to ensure an

independent and effective legal system.

Improvement in legal system of Pakistan:

Improving the legal system in Pakistan is a complex task that requires comprehensive

reforms and sustained efforts. While the following suggestions may not cover all aspects,

they can serve as starting points for enhancing the legal system in the country:

 Strengthen the judiciary

 Legal education and training

 Access to justice

 Legal reforms

 Strengthen the Police and Investigation System

 Technology Integration

 Public legal awareness

 Collaboration and Coordination

 Ethics and Professionalism

 International cooperation
Strengthen the Judiciary

Enhance the independence, efficiency, and capacity of the judiciary. This includes

ensuring transparent and merit-based appointments, providing adequate resources, and

implementing measures to reduce case backlogs and delays in the court system.

Legal Education and Training

Focus on improving the quality of legal education and training in order to produce

skilled and competent legal professionals. Emphasize practical training, ethics, and

legal research to ensure a robust legal workforce.

Access to Justice

Make justice more accessible and affordable for all citizens, especially marginalized

and disadvantaged groups. Establish legal aid programs, promote alternative dispute

resolution mechanisms, and simplify legal procedures to reduce barriers to justice.

Legal Reforms

Continuously review and update laws to ensure they are in line with the principles of

justice, human rights, and the evolving needs of society. This includes addressing

gaps in legislation, eliminating discriminatory laws, and promoting legal reforms that

align with international standards.

Strengthening the Police and Investigation System

 Improve the capacity and professionalism of the police force. Enhance training on

investigative techniques, forensic sciences, and human rights. Implement measures to

promote accountability and transparency within law enforcement agencies.

Technology Integration

Embrace technology to streamline legal processes, facilitate online access to legal

information and services, and automate routine tasks. This can help reduce

paperwork, improve efficiency, and enhance transparency in the legal system.

Public Legal Awareness

Conduct public awareness campaigns to educate citizens about their legal rights and

responsibilities. Promote legal literacy and empower individuals to navigate the legal

system effectively.

Collaboration and Coordination:

Foster collaboration between different stakeholders, including the judiciary, legal

professionals, government institutions, civil society organizations, and academia.

Encourage dialogue and cooperation to develop effective solutions and reforms.

Ethics and Professionalism

Promote ethical conduct and professional standards among lawyers and judges.

Establish disciplinary mechanisms to address misconduct and ensure accountability

within the legal profession.

International Cooperation

Engage in international collaborations and learn from best practices in legal systems

around the world. Seek technical assistance and support from international

organizations to strengthen the legal system in Pakistan.

Implementing these suggestions will require a long-term commitment and collaboration

between the government, judiciary, legal professionals, civil society, and other stakeholders.

By addressing these areas, the legal system in Pakistan can be improved to provide more

efficient, accessible, and equitable justice for all citizens.

THE END