Critically Analyze United States and Pakistan Constitution

The United States Constitution, the world's oldest written constitution, has inspired legislation for over
200 years and has only been amended 27 times. In contrast, Pakistan's Constitution, which is similar in
structure, has been amended 21 times in its 42-year history, with 9 of those amendments occurring in
the past 20 years. Frequent alteration can lead to a loss of legitimacy, as the constitution is seen as a
source of power and authority. Additionally, frequent amendments can move the constitution away
from its original purpose and diminish its "original patriotic" value.

The US Congress has understood the importance of maintaining the sanctity of the Constitution and has
relied on individual states to govern particular matters, while Pakistani legislatures have attempted to
leave their own legislative footprint on the 1973 Constitution. Both countries are federal states with two
levels of government and two houses of parliament, but the origins of their systems of governance are
significantly different. The US started as a collection of post-colonial states that banded together, while
Pakistan was united as a nation state when the British left. This difference has resulted in a central
system of administration in Pakistan, as opposed to the bottom-up power delegation in the US.

The 18th Amendment to Pakistan's Constitution, which delegated some legislative and political authority
to the provinces, has enabled administrative control to be exercised closer to the grass-root level and
has led to a greater representation of the peoples' will. This change has also led to differences in policy
and economic matters inter-province, but has provided greater protection for the other provinces when
a Punjab-centred party comes into power. The US judiciary has shown a clear shift from the people up to
the authorities in an organically alterable system, while the Pakistani judiciary has been extra-judicially
active and has used suo moto power to force changes and statutory stances down the throats of the
local population.

In order to gain stability and support for its constitution, the Pakistani government can take pages out of
the US government's playbook. The US Supreme Court and Congress publicly support and back the
Constitution, and rely on states to sign a unified agreement rather than changing the historic document
itself. The oaths to protect and uphold the sanctity of the Constitution matter and hold up during their
tenures. It is important for future Pakistani lawmakers to follow suit.

Author: Mehr Bano Langrial

REFORMS SUGGESTION
Reforms for Pakistan could focus on reinforcing democratic institutions, ensuring an independent
judiciary, and promoting inclusive governance. The U.S. might benefit from addressing issues like
campaign finance reform and electoral processes to enhance representation.

SYED SHAHEER ALI SHAH (B.A. LLB semester 4)